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Let property disclosure

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  • 74jax
    74jax Posts: 7,930 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 25 February 2022 at 8:31AM
    If you and your daughter purchased this property is it owned tenants in common or joint tenants? 

    EDIT - your other thread says she's 20 but you bought the property just in your name with her inheritance.  You really should only have 1 thread running. 
    Forty and fabulous, well that's what my cards say....
  • MSE_ForumTeam5
    MSE_ForumTeam5 Posts: 1,275 Community Admin
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    We've merged the two threads into this one.
    Official MSE Forum Team member. Please use the 'report' button to alert us to problem posts, or email forumteam@moneysavingexpert.com
  • THEFIZZ
    THEFIZZ Posts: 498 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Sorry I wasn’t sure where to post, thanks for merging. 
  • THEFIZZ
    THEFIZZ Posts: 498 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    The property is my name. Everything is in my name. 
  • Jeremy535897
    Jeremy535897 Posts: 10,732 Forumite
    10,000 Posts Fifth Anniversary Photogenic Name Dropper
    THEFIZZ said:
    The property is my name. Everything is in my name. 
    It may be in your name, but if you use a child's money to buy investment property, you would normally hold that property (or the relevant share of it) as trustee for the child. That includes income arising from it. That is why I suggested you speak to a solicitor to clarify the situation.
  • THEFIZZ said:
    The property is my name. Everything is in my name. 
    It may be in your name, but if you use a child's money to buy investment property, you would normally hold that property (or the relevant share of it) as trustee for the child. That includes income arising from it. That is why I suggested you speak to a solicitor to clarify the situation.
    What Jeremy said.  There's a distinction between legal ownership (what's registered at Land Registry) and beneficial ownership (who benefits financially from the ownership). If your daughter is a beneficial owner as well as you then part of the income is hers to declare for tax. As she's a student then quite possibly she'll have no tax to pay. This reduces your income (and therefore tax) across all years to date.
    There may also be a implication for Inheritance Tax. If it is the aim for her to own the property eventually then recording joint legal ownership now may be a good idea.
    I echo Jeremy's thought of speaking to a solicitor.

  • Jeremy535897
    Jeremy535897 Posts: 10,732 Forumite
    10,000 Posts Fifth Anniversary Photogenic Name Dropper
    edited 27 February 2022 at 12:54PM
    THEFIZZ said:
    The property is my name. Everything is in my name. 
    It may be in your name, but if you use a child's money to buy investment property, you would normally hold that property (or the relevant share of it) as trustee for the child. That includes income arising from it. That is why I suggested you speak to a solicitor to clarify the situation.
    What Jeremy said.  There's a distinction between legal ownership (what's registered at Land Registry) and beneficial ownership (who benefits financially from the ownership). If your daughter is a beneficial owner as well as you then part of the income is hers to declare for tax. As she's a student then quite possibly she'll have no tax to pay. This reduces your income (and therefore tax) across all years to date.
    There may also be a implication for Inheritance Tax. If it is the aim for her to own the property eventually then recording joint legal ownership now may be a good idea.
    I echo Jeremy's thought of speaking to a solicitor.

    I also mentioned the issue of student grants, as income belonging to the student may be more likely to affect this than if the income is the parent's (it will depend on all the facts). There can also be stamp duty issues and impact on incentives for first time buyers.
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