Theoretical house sale due to split
Theoretical house sale due to split
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Aviz

Original Poster:

1,669 posts

192 months

Thursday 3rd June 2010
quotequote all
Not for me but.. theoretically..

House worth 400k. Split up means that ex-partner is owed half of sale cost.

Sell house for 300k to a friend. each party gets 150k. 70k in cash is moved from under buyers bed to under sellers bed wink.

Does this go on a lot?, what are the chances of getting busted ?



Edited by Aviz on Thursday 3rd June 12:45

Fittster

20,120 posts

236 months

Thursday 3rd June 2010
quotequote all
Why won't the ex have a clue about the true value of the property?

randlemarcus

13,645 posts

254 months

Thursday 3rd June 2010
quotequote all
Depends on the source of the "worth" you mentioned at 400k. If that's a realistic worth, considering a forced, rapid sale, then alarm bells will ring with the ex-partner, and she'll probably ask HMRC if they'd be interested. Which they would.

If the 300K is a realistic price for a quick sale, then the boxes under the bed ought not to come into it. (PS Make sure that the boxes under the bed can be accounted for when they knock on the door comes smile )

Silent1

19,761 posts

258 months

Thursday 3rd June 2010
quotequote all
Likely that the court will argue he sold it to a friend for under market value, no idea if they could adjust the split so she would get 50% of the actual value though.

dustybottoms

512 posts

218 months

Thursday 3rd June 2010
quotequote all
Fittster said:
Why won't the ex have a clue about the true value of the property?
Exactly, anyone with a half a brain in this situation would have got valuations. Can't see it ever working but if it was done to you, you would certainly know that the split was the right decision!

dustybottoms

512 posts

218 months

Thursday 3rd June 2010
quotequote all
Fittster said:
Why won't the ex have a clue about the true value of the property?
Exactly, anyone with a half a brain in this situation would have got valuations. Can't see it ever working but if it was done to you, you would certainly know that the split was the right decision!

Don

28,378 posts

307 months

Thursday 3rd June 2010
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Since stamp duty is payable on the sale price the Revenue would get very, very interested, I think.

russ_a

4,706 posts

234 months

Thursday 3rd June 2010
quotequote all
where is the 70k coming from??

Aviz

Original Poster:

1,669 posts

192 months

Thursday 3rd June 2010
quotequote all
I didn;t think it was as simple as he explained. I guess 25% off market value could be acceptable for a quick sale. To be honest, i pulled the figures out of the air, as i'm not sure what exactly the igures would be.


Aviz

Original Poster:

1,669 posts

192 months

Thursday 3rd June 2010
quotequote all
russ_a said:
where is the 70k coming from??
Cash. Both buyer and seller operate in cash businesses, and i doubt the 70 could be accounted for, hence it's probably not far off the mark to say it;s under the bed.

Edited by Aviz on Thursday 3rd June 12:50

Vee

3,109 posts

257 months

Thursday 3rd June 2010
quotequote all
Aviz said:
Not for me but.. theoretically..

House worth 400k. Split up means that ex-partner is owed half of sale cost.

Sell house for 300k to a friend. each party gets 150k. 70k in cash is moved from under buyers bed to under sellers bed wink.

Does this go on a lot?, what are the chances of getting busted ?
So your man risks a load of hassle for himself and mate, to give said mate a house at £30k/7.5% discount and all he gets is an extra £20k ?
£70k of which he has no way of banking without questions being asked.

Not to mention the ex might have a bit of common sense and get a valuation done.

ps what the hell is a 'sale cost' ?

Aviz

Original Poster:

1,669 posts

192 months

Thursday 3rd June 2010
quotequote all
Vee said:
Aviz said:
Not for me but.. theoretically..

House worth 400k. Split up means that ex-partner is owed half of sale cost.

Sell house for 300k to a friend. each party gets 150k. 70k in cash is moved from under buyers bed to under sellers bed wink.

Does this go on a lot?, what are the chances of getting busted ?
So your man risks a load of hassle for himself and mate, to give said mate a house at £30k/7.5% discount and all he gets is an extra £20k ?
£70k of which he has no way of banking without questions being asked.

Not to mention the ex might have a bit of common sense and get a valuation done.

ps what the hell is a 'sale cost' ?
Sorry.. sale price.


As i said, figures were just for representation. I don;t know exactly how much is involved.

And i thought from the outset that it might sound a bit unfeasable. He wouldn;t have any problem with 70k cash anyway. Most of his earnings and outgoings are in cash.

Cheers for opening my eyes to all the reasons why it's not as simple as he explained biggrin

fatboy b

9,662 posts

239 months

Friday 4th June 2010
quotequote all
Aviz said:
what are the chances of getting busted ?
Pretty high now you've declared it on a public forum hehe

siscar

6,887 posts

240 months

Friday 4th June 2010
quotequote all
fatboy b said:
Aviz said:
what are the chances of getting busted ?
Pretty high now you've declared it on a public forum hehe
I don't know if this happens but sale prices are known to the Land Registry, given access to the data it would be easy to identify unusual transactions where the difference between the price when it was purchased and the sale price now is outside expected parameters.

spenny_b

1,071 posts

266 months

Friday 4th June 2010
quotequote all
Being at the tail end of my divorce as we speak, specifically in the middle of financial disclosures (we're doing it arse about face for good reason)..long story...it did come up in convo with my solicitor about valuations of house, cars, etc.

Firstly, you (the royal "you") and "her" are encouraged to attend mediation. Government's latest "helpful" direction.

...it actually isn't bad. It isn't marriage counseling. It is also a short-cut to getting the spade-work done for the consent order without spending s fortune with solicitors. If you can get your Wife to attend and not walk out halfway through, then you're a better man than I.

As part of this Mediation, you're sent away with homework. This includes obtaining 3 x independent valuations for the property from local estate agents.

It also includes valuations for things like cars - the more thorough the better, as far a magistrate is concerned, i.e., 1xGlasses Guide, selection of PH adverts, Auto-Trader, etc. Pensions, savings, building a financial outgoings analysis.

This all builds the picture to the magistrate as to the net worth of marital asset pot. This then gets split depending on circumstances. You cannot opt out of showing things like pensions valuation. For example, we didn't want to split our pensions (worth bugger all), but we still have to show to the magistrate we've given it due consideration.

It may, or may not [cough] have come up in conversation about possibly selling a car to a mate for a silly low amount. It was very strongly discouraged, said solicitor having been on both sides of that kind of practice. (The Royal)You WILL get found out, assuming of course that whatever values you've investigated, make it past the scrutiny of her solicitor and onto the magistrate that's examining your case and granting Decree Nici (and then Decree Absolute).

If it ever does get through (*IF*) then at the very least, the other party will come hunting after you for whatever you've swindled them for, plus you'll accrue potentially huge legal costs sorting that out (contesting it in court, for example)....and thats without even getting into the legalities of tax/HMRC.

In summation, don't even "go there".