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Trapped because of first home

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Comments

  • csgohan4
    csgohan4 Posts: 10,600 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    xylophone wrote: »
    Then the one third share was a gift ( and from parents who may well be approaching retirement now) - on that basis, proceeding down the forcing a sale route might well be a non starter. The court could well take the view that their need was greater than their son's.

    I still don't understand why the OP and spouse don't just save up the extra cash required (on nearly £70,000 a year between them they are hardly paupers) and move out?

    Or is the case that the spouse still wants to live in the property despite



    Perhaps some cultures they give money to their parents and support their lifestyles
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • Also wondering what the house is physically laid out like?

    On a worst case analysis - ie your husband is too weak to stand up to them - then could a section of this joint house (as near as possible corresponding to the percentage of it you own) be divided off from the rest? So - you would have your own bedroom, sitting room, bathroom, kitchen and hopefully not have to even walk through any communal areas to get to "your bit"?
  • If you can buy a house in your name only you won't have to pay the extra stamp duty.

    I'm dubious as to whether your husband really owns a third of his parents house or if they have just said that to exert control. Have you actually checked with the land registry? It only costs a few pounds to check.
  • SDLT_Geek
    SDLT_Geek Posts: 2,954 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    MoneyGeoff wrote: »
    If you can buy a house in your name only you won't have to pay the extra stamp duty.

    This is not correct, they are married and living together.
  • SDLT_Geek wrote: »
    This is not correct, they are married and living together.

    Well if the part-share OP/hubbie own was a gift - then maybe there is proof available that the gift was specifically to hubbie (ie not hubbie and OP)?

    Would that make a difference?

    But certainly in OP's position I'd be reckoning on the two of us buying a place of our own (with or without the stamp duty position being as I wanted) and try to get our share out of that joint house after we'd safely moved out.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Well if the part-share OP/hubbie own was a gift - then maybe there is proof available that the gift was specifically to hubbie (ie not hubbie and OP)?

    Would that make a difference?

    But certainly in OP's position I'd be reckoning on the two of us buying a place of our own (with or without the stamp duty position being as I wanted) and try to get our share out of that joint house after we'd safely moved out.

    No it would not make a difference. The higher rate would still apply.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Well if the part-share OP/hubbie own was a gift - then maybe there is proof available that the gift was specifically to hubbie (ie not hubbie and OP)?

    Would that make a difference?.
    No. He owns part of a house and it matters not how he owns it.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    MoneyGeoff wrote: »
    If you can buy a house in your name only you won't have to pay the extra stamp duty.

    I'm dubious as to whether your husband really owns a third of his parents house or if they have just said that to exert control. Have you actually checked with the land registry? It only costs a few pounds to check.

    You need to delete that statement above in red as its completely wrong.
    It's as wrong as OPs initial statement that they will have to pay 12% SDLT or that the problem is the SDLT when clearly it's the husband. :(
    Good point about checking LR record.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Also wondering what the house is physically laid out like?

    On a worst case analysis - ie your husband is too weak to stand up to them - then could a section of this joint house (as near as possible corresponding to the percentage of it you own) be divided off from the rest? So - you would have your own bedroom, sitting room, bathroom, kitchen and hopefully not have to even walk through any communal areas to get to "your bit"?

    On a worst case analysis then obviously the parents wouldn't agree to this and the son couldn't enforce it.
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