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Mortgage paid off.

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Ezii
Ezii Posts: 55 Forumite
Third Anniversary 10 Posts Name Dropper
edited 12 October 2023 at 9:11AM in Mortgages & endowments
Hey fellas, If anyone give me some insight in regards to what the best approach is we've just paid off our mortgage, though it's amongst three people (parents, and me). We've got no deed or anything like that I'm just worried that if something were to happen to my parents how would the house be separated, and it become e.g. 50/50 or 100% 1 individual, and if there are any tax implications on it, and how it can be lowered, or nulled. 

Any help or advice would be much appreciated. 
«13

Comments

  • Keep_pedalling
    Keep_pedalling Posts: 20,765 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 6 October 2023 at 9:03AM
    You either own the house as joint tenants or as tenants in common. If the former ownership passes by survival so the last to die will own it out right. If the latter then you each own a share that will pass as per your will or the laws of intestacy. Provided the property is registered you can download the title registry documents from the land registry for £3.

    https://www.gov.uk/search-property-information-land-registry

    If the registry document contains the following clause then you will own it as tenants in common which is almost certainly the better option.

    No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.

    Do you actually live in the house? If not then you face a potential capital gains liability when it is sold. If you don’t already own a home of your own then if you do decide to buy your own pad you will do so as an existing home owner and you will have an extra 3% tax to find on top of all your other costs.
  • Ezii
    Ezii Posts: 55 Forumite
    Third Anniversary 10 Posts Name Dropper
    Yes, I currently live in the property, do you think its necessary to set a deed or as such? to cover myself paying tax incase, I've heard alot of things on socials saying if you ever want to sell it you may have to pax tax, and there's way to avoid that. I'm just curious on that
  • Ezii
    Ezii Posts: 55 Forumite
    Third Anniversary 10 Posts Name Dropper
    any advice?
  • edinburgher
    edinburgher Posts: 13,825 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You'll probably get more comments on the main mortgages board. This board is for the diaries of people working to pay off their mortgages, most of us aren't there yet...
  • MSE_Laura_F
    MSE_Laura_F Posts: 1,611 MSE Staff
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    That's moved. Thanks,

    MSE Laura F
  • Ezii
    Ezii Posts: 55 Forumite
    Third Anniversary 10 Posts Name Dropper
    That's moved. Thanks,

    MSE Laura F
    Thank you, hopefully I can now get some insight into this
  • MWT
    MWT Posts: 10,212 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    edited 13 October 2023 at 9:08AM
    Did you check the information at the Land Registry as suggested?

    This is also something that you would have discussed with your solicitor at the time the property was purchased, do you still have your papers from back then?
  • Ezii
    Ezii Posts: 55 Forumite
    Third Anniversary 10 Posts Name Dropper
    Sorry for getting back extremely late, I honestly had forgotten about this due to life. I am still looking for an answer or a solution. And @MWT yes I've had a look at land registry and all seems to be in order.
  • BarelySentientAI
    BarelySentientAI Posts: 2,448 Forumite
    1,000 Posts Name Dropper
    Ezii said:
    Sorry for getting back extremely late, I honestly had forgotten about this due to life. I am still looking for an answer or a solution. And @MWT yes I've had a look at land registry and all seems to be in order.
    What do you mean "all seems to be in order"?  The question was are you joint tenants or tenants in common?  Are you meaning that you found the wording mentioned so that you are TIC?
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