Will HMRC be entitled to my house

Awww

Hello, ive not posted before so apologies if this is on the wrong forum.

It's a bit complicated but my ex-husband and i (not divorced yet) have £66,000 remaining on our mortgage, which as we are separated i would like paid off asap so that the house can be put solely in my name. As a single mum i am not in a good financial position. A friend has offered £20,000 to help reduce it and has taken the money out of his pension.
However since then he has been served with a letter from HMRC saying he owes £80,000 , now i am scared if i use the money that might make my house an asset to pay his debt. I don't know whether to accept the money or not?? (I live in Scotland if that makes any difference)
Does anyone know what my position should be on this is, any advice gratefully received?
thank you

foxy-stoat

Wait until the property is in your sole name and you are divorced before accepting the £20,000 gift.

ACG

You need to speak to the ex and at some point if it goes further, HMRC.

Your half of the equity (assuming the property is held jointly) should be safe, but that £20k may mean you lose half of it. Dont put the £20k down until his name comes off the house (do it at the same time) and you have written confirmation from HMRC/solicitors that once his name comes off the house, nobody can claim half of it.

This is all a bit messy, it is not really the right time to be cutting corners with advice on a forum.

foxy-stoat

Your friend shouldnt be giving you £20,000 when he owes £80,000 to the HMRC anyway - unless that was the plan all along.....

Awww

Thanks, i don't think i've made myself clear, the person giving me the £20,000 that the HMRC have approached. Also the house was never a marital home

Awww

No, there was no plan, he just felt sorry for me, ive been trying to get the house into my name for years so that i can divorce my husband, as the house was never a family home it complicates it, the quicker i can pay the mortgage the sooner i can get divorced, until then i have to stay married.

Exodi

Thanks for the clarification but it does cause more questions;

First, and most importantly; Why is your friend giving you £20,000 when he owes £80,000 to HMRC?! You seem to give no regard to 'your friend', this issue but instead the repercussions it may have on you? I'll be open - it plainly looks like you are acting as an accomplice to tax evasion. You probably won't respond to this but I'd imagine he's moving out of the country soon?

You also have this plan of settling the outstanding mortgage to become the sole owner of the property? I trust your ex is in agreement with this?

ACG

Ah sorry, I misunderstood.

Dont take the £20k best case scenario they ask for it back, worst case scenario they think he owns a share in the property.

You can get divorced without the house being paid off. If it is just an affordability issue, why not get divorced with it agreed that in say 3 years you will either sell up or have him removed.

Regardless of marital home or not, your ex still potentially has a stake in the property. You clearing the mortgage just increases his potential amount.

AnotherJoe

I misread the OP. My bad It would be crazy for someone who owes HMRC £80k to give you £20k and it woudl be equally crazy for you to accept (Unless of course that small change to him?)
Otherwise it would certainly look as if he was hiding assets and worst case you are also implicated. Steer clear until its sorted.

foxy-stoat

ACG wrote: »

Dont take the £20k best case scenario they ask for it back, worst case scenario they think he owns a share in the property.

Naaaa, the lender may ask where the money is coming from.....they may want a letter stating its a gift and no interest in the property.

Exodi

foxy-stoat wrote: »

Naaaa, the lender may ask where the money is coming from.....they may want a letter stating its a gift and no interest in the property.

"So if I could get you to ask the donor to sign this gift declaration form and provide an account statement for the funds we should be good to go!"
"You.... you're not going to share it with HMRC are you?"