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Charge against a property as a percentage rather than absolute number

We're planning to lend our in-laws approx 25% of the purchase price of a property (the other 75% covered by them) with a charge against the property to secure our loan. Is it possible for that charge to be a percentage of the property price (25%) rather than absolute number (e.g. £60,000)? Secondary to that would be be possible to have an agreement where interest is accrued as a percentage of property value, e.g. 1% per year to be redeemed on house sale (I understand tax would be payable on this interest when the house is sold). 

Waiting to hear back from our property solicitor but was just curious if anyone had any experience of anything like this. 
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Comments

  • Grumpy_chap
    Grumpy_chap Posts: 18,707 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Are your in-laws also needing a mortgage or is their 75% cash?  If there is a mortgage, your charge will always be secondary to the bank ( assume that the bank permits the second charge).

    You also seem to want to take the gain of the property price twice, as interest and as a percentage of gain when sold.  Might be easier if you owned 25% of the property.
  • Are your in-laws also needing a mortgage or is their 75% cash?  If there is a mortgage, your charge will always be secondary to the bank ( assume that the bank permits the second charge).

    You also seem to want to take the gain of the property price twice, as interest and as a percentage of gain when sold.  Might be easier if you owned 25% of the property.

    Their 75% will be cash from the sale of their house. 

    Don’t want to ‘own’ 25% because then we’ll have to pay second home stamp duty.

    Not trying to gain twice.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Not trying to gain twice.
    Then just be happy with the £ charge.

    If you go %age, and the value drops, will you be happy to take the dip?
  • theartfullodger
    theartfullodger Posts: 15,769 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Had a % deal on ex's property after one of my divorces.  
  • Grumpy_chap
    Grumpy_chap Posts: 18,707 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I may have misunderstood, but I do read the thread that the OP is looking to "double-dip"

    OP does not want to own part of the property, to avoid tax

    OP want to loan 25% of the property price and benefit from the gain (or loss) when the property is sold.

    OP also want interest at 1% of the property value per year when the property is sold.  Calculation of what that 1% means each year will be difficult.
  • I may have misunderstood, but I do read the thread that the OP is looking to "double-dip"

    OP does not want to own part of the property, to avoid tax

    OP want to loan 25% of the property price and benefit from the gain (or loss) when the property is sold.

    OP also want interest at 1% of the property value per year when the property is sold.  Calculation of what that 1% means each year will be difficult.
    The OP isn’t really sure what they want. There seem to be lots of options and I was just curious to whether this was possible. 

    I see what you mean about the ‘double dipping’ I hadn’t really thought about that. That isn’t really the intention and maybe the interest is entirely unnecessary. 

    I do definitely want to avoid the second home stamp duty If it can be reasonably and legally be avoided though.
  • mrschaucer
    mrschaucer Posts: 953 Forumite
    Part of the Furniture 500 Posts Name Dropper

    I do definitely want to avoid the second home stamp duty If it can be reasonably and legally be avoided though.
    It is both reasonable and legal to offer a private mortgage, which this is, therefore without incurring any extra stamp duty.  But I'm afraid I don't know whether it can be done on a percentage basis.  Please come back and let us know when you get your advice from your solicitor, who can also draw up the necessary agreements.
  • I believe the only way to do this as a percentage is to have the occupiers make a will leaving you that percentage. A lot of what you are doing is based on trust. A mortgage lender would probably not lend if there is a third party.
    My Username is tongue in cheek. Not meant to offend I promise….
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I believe the only way to do this as a percentage is to have the occupiers make a will leaving you that percentage.
    Nonsense (also, poor inheritance tax planning!) - it's perfectly possible to lend on the basis that the borrower repays a share of the eventual value of the property.
  • theartfullodger
    theartfullodger Posts: 15,769 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Even a will can be revised when them-wot-will-die meets toy-boy or mistress (or both! )
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