Advice on selling share in house for less than market value
Advice on selling share in house for less than market value
Author
Discussion

brotherharry

Original Poster:

261 posts

313 months

Thursday 23rd October 2008
quotequote all
Have a joint mortgage with an Ex on a property. Neither of us currently living in it, it's rented.
Just come out of our discount period and onto standard variable rate. Mortgage payment is higher than the rental income. Chances of getting new discounted BTL mortgage in this market about the same as getting employment as an estate agent. House price not risen signficantly since we purchased it. I want out.

My suggestion to the ex is that she pays me an amount equal to what I put in, plus my share of running costs, plus a little bit on top and I sign over my 50% share in the property to her (talking <£10k). I'm writing off any chance of future gains on sale price, but I'm happy with getting clear now, rather than sitting on a risky asset for the next few years and waiting for a price rise that might not happen.

a) legal?
b) tax implications?
c) would mortgage company need to approve / reasses the arrangement?
d) anyone else done this?

Soovy

35,829 posts

301 months

Thursday 23rd October 2008
quotequote all
anonymous said:
[redacted]
Seconded.

Why on EARTH would she agree to take over 100% of the impending financial hit instead of 50%?

You'll probably have to sell it cheap and split the loss equally.





Edited by Soovy on Thursday 23 October 11:51

mechsympathy

58,720 posts

285 months

Thursday 23rd October 2008
quotequote all
Soovy said:
Why on EARTH would she agree to take over 100% of the impending financial hit instead of 50%?
Maybe she's bonkers. Or buried her head in the sand even deeper than the OPbiggrin

johnfm

13,751 posts

280 months

Thursday 23rd October 2008
quotequote all
"It's goodnight from me"

..

"and it's goodnioght from him"

Have you two (Soovy & Tonks) considered applying for official double act status??

Timmy35

13,014 posts

228 months

Thursday 23rd October 2008
quotequote all
mechsympathy said:
Soovy said:
Why on EARTH would she agree to take over 100% of the impending financial hit instead of 50%?
Maybe she's bonkers. Or buried her head in the sand even deeper than the OPbiggrin
She's a woman....it's possible. My suggestion would be wave something shiny at her ( a small necklace should do ) and whilst she's distracted by that ask her to sign the papers. She probably wont even read what she's signing.

V8mate

45,899 posts

219 months

Thursday 23rd October 2008
quotequote all
But.... shouldn't we be helping our fellow PHer to get rid of this rapidy devaluing asset to his ex who has been sh4gging Leroy for the last 2 years of their relationship?

Tony*T3

20,911 posts

277 months

Thursday 23rd October 2008
quotequote all
Tax avoidance would be an issue if there was still a profit in the deal for the ex. However i doubt if there would be from what you've said.... smile

brotherharry

Original Poster:

261 posts

313 months

Thursday 23rd October 2008
quotequote all
mechsympathy said:
Maybe she's bonkers.
mmm, a bit. Hence the ex-ness.


Reasons she'd keep it would be for her own investment (long term) purposes and there's an emotional attachment to the area it's in.

Lawyer friend thinks it more likely that there are tax implications, probably on her for acquiring an asset without the revenue getting a piece. Could be stamp duty involved too. The Mortgage co. could also throw a spanner in the works if they have issues with her financial position.

Seemed so simple at the time...

mechsympathy

58,720 posts

285 months

Thursday 23rd October 2008
quotequote all
anonymous said:
[redacted]
She's going to go ballistic when she finds outbiggrin


So, if he gives her his half does he technically make a profit as she's effectively giving him money?

shirt

25,441 posts

231 months

Thursday 23rd October 2008
quotequote all
if she wants the house and agrees to your deal, then afaik all you need to do is transfer the deeds and mortgage into her name alone.

mate just going through a divorce and agreed a similar deal with his ex, made a bit easier by the fact she wanted to keep the house and its still worth more than what they paid for it.

you will need a solicitor to have the deal made fully legal.

Timmy35

13,014 posts

228 months

Thursday 23rd October 2008
quotequote all
brotherharry said:
mechsympathy said:
Maybe she's bonkers.
mmm, a bit. Hence the ex-ness.


Reasons she'd keep it would be for her own investment (long term) purposes and there's an emotional attachment to the area it's in.

Lawyer friend thinks it more likely that there are tax implications, probably on her for acquiring an asset without the revenue getting a piece. Could be stamp duty involved too. The Mortgage co. could also throw a spanner in the works if they have issues with her financial position.

Seemed so simple at the time...
Look on the brightside you could have shagged her without a bag and got her up the spout, then you'd really have been fked.

SplatSpeed

7,491 posts

281 months

Thursday 23rd October 2008
quotequote all
Timmy35 said:
brotherharry said:
mechsympathy said:
Maybe she's bonkers.
mmm, a bit. Hence the ex-ness.


Reasons she'd keep it would be for her own investment (long term) purposes and there's an emotional attachment to the area it's in.

Lawyer friend thinks it more likely that there are tax implications, probably on her for acquiring an asset without the revenue getting a piece. Could be stamp duty involved too. The Mortgage co. could also throw a spanner in the works if they have issues with her financial position.

Seemed so simple at the time...
Look on the brightside you could have shagged her without a bag and got her up the spout, then you'd really have been fked.
no negative equity is mush larger than CSA payments

jdw1234

6,021 posts

245 months

Thursday 23rd October 2008
quotequote all
IS it not worth having a think about wether you can just give it to her?

If the value is such you are getting a good deal, she will be happier with not having to pay you anything.


Mr POD

5,153 posts

222 months

Thursday 23rd October 2008
quotequote all
To make any offer fair, make it like this :

I'll offer to sell my half to you for X, or if you prefer I'll buy your half for X.

If you would be happy to do the deal either way, it's a fair deal.

I mean You have history, were once friends, lovers, soul mates. Do the decent thing. Whatever that is, and however hard.

brotherharry

Original Poster:

261 posts

313 months

Thursday 23rd October 2008
quotequote all
Hmm, suppose the difference is I'm not interested in acquiring the other half.

mechsympathy

58,720 posts

285 months

Thursday 23rd October 2008
quotequote all
And even if he allows himself to be negotiated down to giving her his half, there's no way the mortgage company will allow him out of the contract.

brotherharry

Original Poster:

261 posts

313 months

Thursday 23rd October 2008
quotequote all
bugger me, you lot are cold machiavellian types. I thought I was the one taking the hit here as she'd get £75k worth for property for <£10k. Leaving aside all the who shafts who business, the biggest barrier here I think will indeed be the mortgage company who may not want to underwrite her 100% ownership against the mortgage.

mechsympathy

58,720 posts

285 months

Thursday 23rd October 2008
quotequote all
brotherharry said:
bugger me, you lot are cold machiavellian types. I thought I was the one taking the hit here as she'd get £75k debt for <£10k.
EFA.

brotherharry

Original Poster:

261 posts

313 months

Thursday 23rd October 2008
quotequote all
mechsympathy tweaked what I wrote and said:
...she'd get £75k debt for <£10k.
ah, I see what you mean.
glass half empty - she gets 75k of debt
glass half full - she gets what (still is now) and at some point in the future will be 75k worth of equity

Soovy

35,829 posts

301 months

Thursday 23rd October 2008
quotequote all
brotherharry said:
bugger me, you lot are cold machiavellian types. I thought I was the one taking the hit here as she'd get £75k worth for property for <£10k. Leaving aside all the who shafts who business, the biggest barrier here I think will indeed be the mortgage company who may not want to underwrite her 100% ownership against the mortgage.
Why?

We're realists, and in tonker's case well qualified ones.

You're screwed. The house is a liability, and she'll want paying to take it off you.