Very complicated, anyone who can help?

sammyjammy

FBaby wrote: »

sorry I must be thick, but if you don't pay anything towards the mortgage, what benefit does he gain from living with you? He clearly pays a lot more than he would do on his own in a one bedroom place. Is it only for the purpose of investment? I am asking as I guess DWP might do too.

He has a mortgage on his half of the house, the OP paid outright for her half. They share the bills and shop seperately.

Its not the DWP that are questioning this its HMRC.

FBaby

Sorry I did miss that, can't get my head around the fact you can buy a four bedroom, 2 living room, 2 bathroom house for £140k in some part of the country, but then I live in the SE and that would only give you a small 1 bedroom flat in my town, if you are lucky!

Janep

His reason for jointly buying the property was 1. To get on the property ladder and 2. For investment purposes.

FBaby

You owned a 2 bedroom flat that you sold for £70K. Surely he would have been able to buy a similar type of property on his own for that amount too then rather than having to get a mortgage with you?

I am not questioning you personally, just imagining how they could challenge the answers you might provide them, although hopefully it won't come to that level of questions.

Janep

I sold my flat for £100000, and the purpose of us joint owning, as I had been violently raped a few years before and my husband died a year later and I was terrified to be on my own. He was a family friend, and had been sleeping in my flat for a few months due to my fear. The option of joint owning made sense for both of us. He did not get a mortgage with me, he has a mortgage on his own.

xylophone

I understand what you are saying, but this is irrelevant to my original post!!

The point made here post 8 seems relevant.

What about wills? Will they help show that you are not leaving property to each other etc....

And presumably you would wish to demonstrate that your interest in the property would go to your children?

Naming somebody other than your housemate as guardian might go some way to demonstrate that you are not partners?

Janep

Yes a will would be beneficial as I would want my children to have my half of the house, but I would assume this would be given to them anyway as my next of kin. I have been meaning to do this but just haven't got around to doing yet? Now is a good time to do this but it still wouldn't help my immediate problem

jon_rwr

jamespir wrote: »

its ridiculous that the dwp cannot fathom that men and women can live together and not be in a relationship
yet if a gay or lesbian couple want to claim benefits they are treated as sepereate claimers

That's not now the case. A joint claim has to be made if you live with a partner as though you are married OR in a civil partnership.

Jon

xylophone

http://www.hmrc.gov.uk/cto/customerguide/page14-1.htm

But might you wish it to go to the younger children only, or in specific shares etc.

And it is not exactly half a house that you own but something more akin to the right to repayment of a specific sum of money - unless there is some other legal agreement?http://www.easylawyers.co.uk/declaration-of-trust.php

Janep

I want any proceeds from the property to go equally between my three children, and the Deedof Trust, states I will receive the amount I have put into the house and 50% of any profits made. Thank you for the link