Paying off partners mortgage - but I own a property that i currently rent out! How do I proceed?

dp543
dp543 Forumite Posts: 7
Fourth Anniversary
Forumite
Hi - so for a bit of background. I live with my partner in the house he owns solely under his name. I also own a flat that I currently rent out and due to issues with the building I am unable to sell this currently. 

My partners mortgage is up soon and I have a some savings so would like to pay off the rest of his mortgage (not a huge amount like 40-50k) and in return basically have some share in the property. 

I was thinking of getting some sort of beneficial interest set up in the property where I would then have the right to receive a proportion of the property value if ever sold. 

My main concern of doing this is will I end up being slapped with lots of unintended tax issues by paying off this mortgage? Like I said above I already own a property that I rent out (cant sell it currently) - which is making me think if we sold my partners property in say a years time after setting up the beneficial interest I would be subject to pay some sort of tax? Or potentially be subject to pay stamp duty on the proportion of the property I paid off.

Any advice or information about this would be much appreciated. 


Comments

  • Keep_pedalling
    Keep_pedalling Forumite Posts: 14,866
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Forumite
    You would have to pay 3% in SDLT because you already own a property, but as this is your main residence there would be no tax liability on the sale of the property.

  • peb
    peb Forumite Posts: 1,613
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Forumite
    Private charge?  So your partner will "owe" you the money but you agree how and if/when it's paid but your interest is protected.
  • Emmia
    Emmia Forumite Posts: 2,274
    1,000 Posts Third Anniversary Photogenic Name Dropper
    Forumite
    As you're not married / civil partnered I wouldn't put money into their property like this. What happens if you split up? How might you get your money back?

    *if you were married etc., and split up the money put in could be considered as part of the financial settlement in a divorce.
  • Keep_pedalling
    Keep_pedalling Forumite Posts: 14,866
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Forumite
    Emmia said:
    As you're not married / civil partnered I wouldn't put money into their property like this. What happens if you split up? How might you get your money back?

    *if you were married etc., and split up the money put in could be considered as part of the financial settlement in a divorce.
    If the money is a loan then you place a charge on the house, if not then they become tenants in common with a deed of trust laying out the percentage ownership.
Meet your Ambassadors

Categories

  • All Categories
  • 338.9K Banking & Borrowing
  • 248.7K Reduce Debt & Boost Income
  • 447.6K Spending & Discounts
  • 230.8K Work, Benefits & Business
  • 601K Mortgages, Homes & Bills
  • 171.1K Life & Family
  • 244.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards