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Buying my daughter out of her share

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Comments

  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    oldtup wrote: »
    Suppose I go ahead and buy my daughters share. Do I take on the obligation she has (apparently in law) to not force a sale whilst the children are living there?

    Hang on, surely she'd be forcing a sale in that case, in which she couldn't sell it to you?
  • oldtup
    oldtup Posts: 27 Forumite
    I think the point about rent is that this can be agreed in exchange for not forcing a sale.
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    oldtup wrote: »
    I think the point about rent is that this can be agreed in exchange for not forcing a sale.

    He already has that agreement as you say "in law" so there's no way I would if I were him agree to pay rent to keep exactly the same agreement. Remember his children are being housed and the other parent is foregoing rent to keep those children housed so there's no need to agree a sale to you and pay rent. He has no obligation to.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    How was the house dealt with during the divorce? How old are the children?

    If the ex was willing to you could set up a private mortgage arrangement between you an the ex. The current mortgage would be redeemed as part of the transaction. You then have the first charge on the property with the ex being the sole owner and a document detailing when payments have to be made and how much etc. That would prevent any SDLT or CGT liability for you.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    oldtup wrote: »
    I think the point about rent is that this can be agreed in exchange for not forcing a sale.

    Doh! But that's already in place !!

    "Pay me rent or I'll force you to sell."

    "The courts have an order in place forbidding that, remember? "

    "Oh"
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    oldtup wrote: »
    .
    She has remarried and wants to buy a shared ownership home from a Housing Association. Their rules are that they will not sell to anyone who has a share in another home.
    ..

    Does this rule apply to legal owners and/or beneficial owners.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    other options

    buy a proper place not a shared ownership one
    have the new husband to buy it
  • Poppy9
    Poppy9 Posts: 18,833 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Has all this been discussed with her ex. Is he happy to have ex MIL involved?
    :) ~Laugh and the world laughs with you, weep and you weep alone.~:)
  • Tygermoth
    Tygermoth Posts: 1,413 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Also our local HTB agent (one of the larger ones) released an email last week conforming that you can still qualify if you have a house elsewhere.

    Also now first come first served, 80K income and the only priority group now considered is MOD staff.

    So she may want to check this and avoid the whole thing.....
    Please note I have a cognitive disability - as such my wording can be a bit off, muddled, misspelt or in some cases i can miss out some words totally...
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