Buy To Let Mortgage Non-Home Owner

Buy To Let Mortgage Non-Home Owner

22:08 PM, 9th March 2015, About 9 years ago 15

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I am hoping someone can explain this better. Buy To Let Mortgage Non-Home Owner

I am married, own my own home that my family resides in and own a 2nd home on a buy to let mortgage that is rented out.

I would now like to purchase a 3rd property that will be another buy to let investment.

As my wife is a lower earner than me, it makes sense for her to be the owner to reduce rental income tax liability. However, my broker has said she won’t get a mortgage because she isn’t a home owner.

Now, whilst my wife isn’t a home owner (I am the sole owner of our residential home, I bought it before we were married), in my eyes my broker is saying my wife can never become a buy to let investor!

Is this really the case? I realise I could sign over part of the residential home to her, but this would only complicate our existing mortgage and incur legal fees. Surely this is not necessary?

Will anyone care to comment or offer advice please?

Thanks

Kevin


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Comments

Mark Alexander - Founder of Property118

14:45 PM, 11th March 2015, About 9 years ago

Reply to the comment left by "Mandy Thomson" at "11/03/2015 - 14:40":

Hi Mandy

Can you be a bit more specific with your question please, by adding an example perhaps?
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Mandy Thomson

15:17 PM, 11th March 2015, About 9 years ago

I have a couple of friends who have just transferred a rental property that was previously owned by just one of them, into their joint names.

My friends had assumed that this would simply be treated as a 50/50 share for capital gains tax purposes, and were resigned to the former sole owner having to pay this (he never lived in the property, so resident's relief doesn't apply).

However, from what you're suggesting here, if capital gains tax liability can be similarly divided in unequal shares, my friends might be able to escape liability by using the device you've suggested here - i.e. unequal shares, the second partner just getting a very small share under a tenancy in common. I've done a bit of googling and I gather that you can own equal shares as tenants in common, but divide the income however you like, but for CGT the liability strictly runs with the actual share owned: http://www.rrlcornwall.co.uk/wp-content/uploads/2013/03/Jointly-Owned-Property-and-Tax.pdf

Mark Alexander - Founder of Property118

15:22 PM, 11th March 2015, About 9 years ago

Reply to the comment left by "Mandy Thomson" at "11/03/2015 - 15:17":

Hi Mandy

If your friends are married there should be no CGT issues on transfers between spouses regardless of how the transfers are made.

Note that when the property is is sold, the original purchase price remains the base cost for CGT calculations, not NOT the value at which the property may subsequently have been transferred at between spouses.

Does this answer your question?
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Mandy Thomson

15:38 PM, 11th March 2015, About 9 years ago

Reply to the comment left by "Mark Alexander" at "11/03/2015 - 15:22":

Thanks, Mark - however, I'm afraid they're not married, sorry I forgot to include that, and yes, I'm aware that CGT is determined by the ORIGINAL purchase price, but would you not then calculate CGT based on the share transferred, eg - original purchase price, £100,000, property worth £200,000 at date of transfer of equity, 25% share transferred (£200,000 - £100,000 - £1000 cost of acquisition = £99,000 - 25% = £24,750)?

Mark Alexander - Founder of Property118

15:44 PM, 11th March 2015, About 9 years ago

Reply to the comment left by "Mandy Thomson" at "11/03/2015 - 15:38":

Hi Mandy

I'm not sure I follow your figures.

25% of £200,000 is £50,000 not £100,000 - am I missing something?

Cost of sale/acquisition may be proportioned by agreement.

Tell them to get married LOL
.

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