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Stamp duty, 2 owners

Was wondering what the stamp duty cost would be for a flat that is £160,000 that is a second home but not for my partner. I would only own 25% of the second home and have never lived in the home that I currently own.


- I currently own half of my mum's house with a mortgage that I'm paying
- I've never lived in my mum's house and have been renting for several years
- I'm paying for the second home with a £40,000 and no mortgage
- My partner is a first-time buyer and would pay the remainder of the flat value (£120,000) with a mortgage (We would be joint tenants in common, I own 25%, she owns 75%).

many thanks
«1

Comments

  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Have you read HMRC's guidance document?

    How much is your share of your mum's house worth?

    How is your gf managing to get a mortgage for just part of a property?
  • nb0825
    nb0825 Posts: 115 Forumite
    Pixie5740 wrote: »
    Have you read HMRC's guidance document?

    How much is your share of your mum's house worth?

    How is your gf managing to get a mortgage for just part of a property?

    I own 50% of my mum's house and currently pay a mortgage

    I would give my girlfriend £40,000 for the deposit and she would pay the mortgage of £120,000. We would then get a legal agreement to say that I own 25% and she owns 75%
  • How much is your share of your mum's house worth?
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    nb0825 wrote: »
    I own 50% of my mum's house and currently pay a mortgage

    That's not what I asked. I asked how much it was worth not for the % share.

    You also never answered my question about reading HMRC's guidance note.
    nb0825 wrote: »
    I would give my girlfriend £40,000 for the deposit and she would pay the mortgage of £120,000. We would then get a legal agreement to say that I own 25% and she owns 75%

    Hmmm, have you found a mortgage lender willing to accept this set up?
  • JimmyTheWig
    JimmyTheWig Posts: 12,199 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    nb0825 wrote: »
    I would give my girlfriend £40,000 for the deposit and she would pay the mortgage of £120,000. We would then get a legal agreement to say that I own 25% and she owns 75%
    Presumably this will be a joint mortgage.
    The fact that the repayments will come out of the girlfriend's account / from the girlfriends wages, etc is only of relevance to the OP and their girlfriend. It's not of relevance to the mortgage company or to any stamp duty calculations.
  • nb0825
    nb0825 Posts: 115 Forumite
    Pixie5740 wrote: »
    That's not what I asked. I asked how much it was worth not for the % share.

    You also never answered my question about reading HMRC's guidance note.



    Hmmm, have you found a mortgage lender willing to accept this set up?

    The value is £70,000

    Yes, I had a quick read but it wasn't clear whether both owners would pay the higher stamp duty or just me
  • nb0825
    nb0825 Posts: 115 Forumite
    Pixie5740 wrote: »
    That's not what I asked. I asked how much it was worth not for the % share.

    You also never answered my question about reading HMRC's guidance note.



    Hmmm, have you found a mortgage lender willing to accept this set up?

    I don't believe this will be a problem. I can't get another mortgage because I currently have one. Hence, I'm "giving" my girlfriend £40,000 but I am a named owner of the title deed.
  • JimmyTheWig
    JimmyTheWig Posts: 12,199 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    As far as I am aware, everyone who owns the house must be on the mortgage.
  • nb0825 wrote: »
    I don't believe this will be a problem. I can't get another mortgage because I currently have one. Hence, I'm "giving" my girlfriend £40,000 but I am a named owner of the title deed.
    Really? The lender will want whoever is on the deeds to be on the mortgage. There may be specialist (read, expensive) options to finance this, but AFAIK no mainstream lender will do this.


    Certainly this firm of solicitors doesn't think so.


    http://www.hegarty.co.uk/hegarty_buying_property_together.html
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    nb0825 wrote: »
    The value is £70,000

    The value of the property, or the value of your share?

    If it's the latter, then the 3% SDLT is due.
    If it's the former, and your 50% share is worth £35k, then the 3% SDLT is not due.
    Yes, I had a quick read but it wasn't clear whether both owners would pay the higher stamp duty or just me

    SDLT is only paid once. If one or more joint owner qualifies for the 3%, then the 3% is due.

    So a £160k property would attract £5,500 SDLT including the 3%. Without the 3%, it would be £700.
    https://www.tax.service.gov.uk/calculate-stamp-duty-land-tax
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