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  • FIRST POST
    • MSE Faye
    • By MSE Faye 10th Nov 16, 1:55 PM
    • 146Posts
    • 55Thanks
    MSE Faye
    Married and both own homes? Watch out for stamp duty when remortgaging
    • #1
    • 10th Nov 16, 1:55 PM
    Married and both own homes? Watch out for stamp duty when remortgaging 10th Nov 16 at 1:55 PM
    If you and your spouse/civil partner both owned property before getting together and are now remortgaging, watch out...
    Read the full story:
    'Married and both own homes? Watch out for stamp duty when remortgaging'

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Page 1
    • Tammykitty
    • By Tammykitty 10th Nov 16, 2:02 PM
    • 769 Posts
    • 1,562 Thanks
    Tammykitty
    • #2
    • 10th Nov 16, 2:02 PM
    • #2
    • 10th Nov 16, 2:02 PM
    Is it the mortgage or the house value that has to below £80,000?
    • Mister_E
    • By Mister_E 10th Nov 16, 7:50 PM
    • 47 Posts
    • 8 Thanks
    Mister_E
    • #3
    • 10th Nov 16, 7:50 PM
    • #3
    • 10th Nov 16, 7:50 PM
    Surely you have legally acquired an interest at the point of marriage, unless there is a pre-nup agreement in place?


    Can they enforce that in a court of law?!
    • malc_b
    • By malc_b 11th Nov 16, 8:59 AM
    • 1,018 Posts
    • 389 Thanks
    malc_b
    • #4
    • 11th Nov 16, 8:59 AM
    • #4
    • 11th Nov 16, 8:59 AM
    How does this work when you are left a property in a will? Typically say man and wife jointly own their current home and are then left a property, i.e. to one or both jointly. Then one or both have 2 properties. Or maybe one inherits the property but they decide to transfer 50% to the other, that is put it in joint names for simplicity.
    Last edited by malc_b; 11-11-2016 at 9:02 AM.
    • getmore4less
    • By getmore4less 11th Nov 16, 11:01 AM
    • 35,851 Posts
    • 21,946 Thanks
    getmore4less
    • #5
    • 11th Nov 16, 11:01 AM
    • #5
    • 11th Nov 16, 11:01 AM
    If there is no consideration then no SDLT.
    • getmore4less
    • By getmore4less 11th Nov 16, 11:07 AM
    • 35,851 Posts
    • 21,946 Thanks
    getmore4less
    • #6
    • 11th Nov 16, 11:07 AM
    • #6
    • 11th Nov 16, 11:07 AM
    Surely you have legally acquired an interest at the point of marriage, unless there is a pre-nup agreement in place?


    Can they enforce that in a court of law?!
    Originally posted by Mister_E
    The key thing is the person is taking on the debt that is what the SDLT is based on not the equity.
    • Alter ego
    • By Alter ego 11th Nov 16, 11:16 AM
    • 2,594 Posts
    • 2,565 Thanks
    Alter ego
    • #7
    • 11th Nov 16, 11:16 AM
    • #7
    • 11th Nov 16, 11:16 AM
    This is patently unfair because moving in with a partner (Or marrying) where no mortgage is involved will not trigger the tax even though circumstances are identical.
    Loose means not tight, Lose means something is lost, simples no?
    Ignore me if you like, it's not the real me anyway.
    • Boeta777
    • By Boeta777 11th Nov 16, 1:42 PM
    • 2 Posts
    • 0 Thanks
    Boeta777
    • #8
    • 11th Nov 16, 1:42 PM
    • #8
    • 11th Nov 16, 1:42 PM
    Can someone help clarify what's best in these circumstance? Thanks

    Live with GF in her house.
    Own flat which rent out and part own another rented out property (no mortgage on that one)
    Getting married next August
    My flat fixed mortgage deal up in March (£40k), her house fixed deal up in June (£150k)

    My (limited) common sense says to put both mortgages together under both our names. However, will this be more hassle/cost than it's worth?
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