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  • FIRST POST
    • Tavish 27
    • By Tavish 27 8th May 18, 4:20 PM
    • 2Posts
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    Tavish 27
    Shared Ownership.
    • #1
    • 8th May 18, 4:20 PM
    Shared Ownership. 8th May 18 at 4:20 PM
    My wife and I are selling our mortgage free house in Scotland and moving to the Bristol area to be near our daughter and family but houses are more expensive in Bristol. Our daughter and son in law have looked into borrowing more money on their existing mortgage and gifting it to us as an interest free loan to afford buying a home in that area.
    Their worry is, although the house will be left to them in our wills, if we needed to go into a care home and the local authority want to sell our house to recoup the cost, how would they safeguard their loan to use?
    Trick one.
Page 1
    • da_rule
    • By da_rule 8th May 18, 4:29 PM
    • 2,751 Posts
    • 2,423 Thanks
    da_rule
    • #2
    • 8th May 18, 4:29 PM
    • #2
    • 8th May 18, 4:29 PM
    Your question is contradictory, either they are gifting it or loaning it.

    If they are loaning it, draw up a loan agreement and then register it as a charge against the property.
    • 00ec25
    • By 00ec25 8th May 18, 5:10 PM
    • 6,973 Posts
    • 6,654 Thanks
    00ec25
    • #3
    • 8th May 18, 5:10 PM
    • #3
    • 8th May 18, 5:10 PM
    not only your question but the title as well

    do you really mean shared ownership?
    that would make them formal co-owners and achieve nothing other than making you all liable for extra SDLT since they would be party to the purchase of an additional property and thus the whole purchase price would be liable to higher rate SDLT


    your actual question seems to be how can your children ensure they get back whatever money they "invest" into the house that you will live in and which you will be the sole owners of

    as da rule says that is covered by a formal loan agreement and a second charge. Having a second charge will restrict the number of lenders you can approach for a mortgage as some will not allow it, but others will.
    • Tavish 27
    • By Tavish 27 8th May 18, 7:57 PM
    • 2 Posts
    • 0 Thanks
    Tavish 27
    • #4
    • 8th May 18, 7:57 PM
    • #4
    • 8th May 18, 7:57 PM
    You are correct. They want to help us relocate and have the borrowing capacity through their mortgage lender, but have been told by that lender that the money must be gifted and not used to buy another property. They are concerned that their investment/gift may be lost if nursing care costs are incurred by use.
    We could gift our kitty money to them and they could buy the Bristol house as a second home but I understand the rule say that relatives can't live in it without paying the full market rent.
    Dilemma.
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