Privacy Policy
BACKGROUND:
Property118 Ltd understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits this website,
www.property118.com (“Our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law.
Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site
. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.
- Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
“Account” |
means an account required to access and/or use certain areas and features of Our Site; |
“Cookie” |
means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below; |
“Cookie Law” |
means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003; |
“personal data” |
means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and |
“We/Us/Our” |
Means Property118 Ltd , a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB. |
- Information About Us
- Our Site is owned and operated by Property118 Ltd, a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.
- Our VAT number is 990 0332 34.
- Our Data Protection Officer is Neil Patterson, and can be contacted by email at npatterson@property118.com, by telephone on 01603 489118, or by post at 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.
- What Does This Policy Cover?
This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that We have no control over how your data is collected, stored, or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.
- Your Rights
- As a data subject, you have the following rights under the GDPR, which this Policy and Our use of personal data have been designed to uphold:
- The right to be informed about Our collection and use of personal data;
- The right of access to the personal data We hold about you (see section 12);
- The right to rectification if any personal data We hold about you is inaccurate or incomplete (please contact Us using the details in section 14);
- The right to be forgotten – i.e. the right to ask Us to delete any personal data We hold about you (We only hold your personal data for a limited time, as explained in section 6 but if you would like Us to delete it sooner, please contact Us using the details in section 14);
- The right to restrict (i.e. prevent) the processing of your personal data;
- The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
- The right to object to Us using your personal data for particular purposes; and
- If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided in section 14 and We will do Our best to solve the problem for you. If We are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office.
- For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens Advice Bureau.
- What Data Do We Collect?
Depending upon your use of Our Site, We may collect some or all of the following personal data (please also see section 13 on Our use of Cookies and similar technologies):
- Name;
- Date of birth;
- Address and post code;
- Business/company name and trading status;
- Number of properties owned;
- Accountants details;
- Contact information such as email addresses and telephone numbers;
- Proof of residence and ID;
- Financial information such as income and tax status;
- Landlords insurance renewal dates;
- Property Portfolio details such as value and mortgage outstanding;
- How Do We Use Your Data?
- All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with Our obligations and safeguard your rights under the GDPR at all times. For more details on security see section 7, below.
- Our use of your personal data will always have a lawful basis, either because it is necessary for our performance of a contract with you, because you have consented to our use of your personal data (e.g. by subscribing to emails), or because it is in our legitimate interests. Specifically, we may use your data for the following purposes:
- Providing and managing your access to Our Site;
- Supplying our products and or services to you (please note that We require your personal data in order to enter into a contract with you);
- Personalising and tailoring our products and or services for you;
- Replying to emails from you;
- Supplying you with emails that you have opted into (you may unsubscribe or opt-out at any time by the unsubscribe link at the bottom of all emails;
- Analysing your use of our site and gathering feedback to enable us to continually improve our site and your user experience;
- Provide information to our partner service and product suppliers at your request.
- With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email and or telephone with information, news and offers on our products and or We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
- You have the right to withdraw your consent to us using your personal data at any time, and to request that we delete it.
- We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Data will therefore be retained for the following periods (or its retention will be determined on the following bases):
- Member profile information is collected with your consent and can be amended or deleted at any time by you;
- Anti-Money Laundering information and tax consultancy records are to be kept as required by law for up to seven years.
- How and Where Do We Store Your Data?
- We only keep your personal data for as long as We need to in order to use it as described above in section 6, and/or for as long as We have your permission to keep it.
- Some or all of your data may be stored outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). You are deemed to accept and agree to this by using our site and submitting information to Us. If we do store data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the GDPR
- Data security is very important to Us, and to protect your data We have taken suitable measures to safeguard and secure data collected through Our Site.
- Do We Share Your Data?
- We may share your data with other partner companies in for the purpose of supplying products or services you have requested.
- We may sometimes contract with third parties to supply products and services to you on Our behalf. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.
- We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.
- In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.
- What Happens If Our Business Changes Hands?
- We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Any personal data that you have provided will, where it is relevant to any part of Our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the same purposes for which it was originally collected by Us.
- How Can You Control Your Data?
- In addition to your rights under the GDPR, set out in section 4, we aim to give you strong controls on Our use of your data for direct marketing purposes including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails.
- Your Right to Withhold Information
- You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
- You may restrict Our use of Cookies. For more information, see section 13.
- How Can You Access Your Data?
You have the right to ask for a copy of any of your personal data held by Us (where such data is held). Under the GDPR, no fee is payable and We will provide any and all information in response to your request free of charge. Please contact Us for more details at info@property118.com, or using the contact details below in section 14.
- Our Use of Cookies
- Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products AND/OR We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
- All Cookies used by and on Our Site are used in accordance with current Cookie Law.
- Before Cookies are placed on your computer or device, you will be shown a cookie prompt requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended. You will be given the opportunity to allow only first party Cookies and block third party Cookies.
- Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below in section 13.5. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below in section 13.9, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
- The following first party Cookies may be placed on your computer or device:
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- In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
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- It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
- Contacting Us
If you have any questions about Our Site or this Privacy Policy, please contact Us by email at info@property118.com, by telephone on 01603 489118, or by post at 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 12, above).
- Changes to Our Privacy Policy
We may change this Privacy Policy from time to time (for example, if the law changes). Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.
Mark Alexander - Founder of Property118
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Sign Up8:21 AM, 14th July 2014, About 10 years ago
Hi Linda
I have been through this and it is painfully expensive. Make sure you get quality advice and if at all possible get a fixed fee quote and use the collaborative law process.
Please read the following linked article >>> http://www.property118.com/divorce-advice-for-landlords/44748/
I will answer your questions in the order asked:-
Q1. If we divorce, do we have to split the assets there and then, or can they stay jointly owned until we maybe decide to divide them later and/or sell them?
A1. You do not have to get divorced immediately but if you are certain that the marriage is not reconcilable I would recommend that you do and also that the division of assets is Court ordered following the Collaborative Law process. No matter how amicable the separation is now, it will get messy, usually when one of you finds another partner or when people start telling you or your partner things about what the other has been up to.
Q2. Should we put them in a company instead?
A2. Almost certainly not. This would trigger a sale to a third party and CGT on any capital gains. Please seek professional advice.
Q3. If we had to split them and put half solely in my name and half solely in his, would this cost a fortune in fees? ( I remember doing this once before – a change of title – years ago, and it cost £400 just for one property)
A3. Yes it will cost you a small fortune in fees but it will cost you a lot more if you fall out about it. If the division of assets is Court ordered then you will have to pay fees for conveyancing and fees to your mortgage lenders. It is not a given that your mortgage lenders will agree to the Court orders and may even call in the loans. Again you need to seek professional advice.
Q4. As he is going to be soon moving out of the family home and into one of our BTL houses, will this mean that upon sale of the BTL house we will get a £40,000 tax exemption, plus the last 3 years increase in value being tax exempt?
A4. It is likely that if your husband moves into one of the properties with a BTL mortgage secured against it that the mortgage conditions will have been broken. There is a risk that the mortgage lender will call in that loan. Before you look into the tax situation, please take professional advice.
Q5. If this is the case, and we sold it after a year or two, could he, for example, move into another BTL house for e.g. 18 months and then do the same thing again? Or is this classed as tax avoidance? Would there be a better way of doing things?
A5. Please see A4.
Q6. Do we have to be divorced to do all of this – I’m thinking we do, and that separation would not be enough for the Inland Revenue?
A6. There are some tax advantages associated with divorce and transfers of property if they are Court ordered, e.g. Stamp Duty Land Tax is not payable on Court ordered transfers. Please see the article which I linked to at the beginning of this response.
Q7. The split is going to cost us enough anyway, what with now having to run two houses, so I’m just looking for ways to offset these costs in whatever legal ways we can.
A7. I understand that but do not under estimate the cost. It is very expensive financially, emotionally and in terms of time. Think about the fees you paid out when you purchased each of the properties in your portfolio. That's likely to be your minimum cost associated with divorce. You are going to have to involve valuers, conveyancers, tax specialists and two sets of divorce lawyers. For example, if you own 10 properties the financial cost of your divorce is likely to be upwards of £5,000 each when you factor in all professional costs and disbursements. This assumes that the properties are of an average value and that you manage not to fall out and to agree everything amicably.
If you have any mortgages with Mortgage Express you may run into some major problems. It is highly likely that they will want their money back and if you sell one of those properties they are highly likely to enforce their rights to consolidate - see >>> http://www.property118.com/mortgage-express-right-to-consolidate/36168/ - The problem with this is that if you have had a strategy of remortgaging to release equity then your CGT bill could be greater than the value of your equity.
Please do not under estimate the complexity of divorce. Ideally you will have everything agreed before you get lawyers involved. As soon as each of you gets your own professional representation that is often when the problems usually begin. This is simply because your lawyers are duty bound to maximise the outcome of the division of assets in your favour and that their advice to you will be pitched accordingly. Lawyers on opposing sides will rarely agree and that's when their fees mount up. People often say that lawyers are the only guaranteed winners in a legal dispute and it's not far from the truth
My fixed fee Consultancy service may be an ideal starting point for you and/or your husband. If I act for you both then my fees will be double. I have significant personal experience in these matters and I am well placed to provide you both with guidance. You will both still need lawyers and other professional advisers at some point but my involvement at an early stage could save you both a lot of money and anguish in the longer term. Please see >>> http://www.property118.com/consultancy-mark-alexander/61522/
.
Stephen Reynolds
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Sign Up10:15 AM, 14th July 2014, About 10 years ago
Hi Linda, I won't comment on the detail of your request however a friend of mine recently went through a business separation and they did one of the cleverest things I have ever heard of. Essentially they divided all the assets before they knew which partner would receive which portion. This ensures that the split is fair and once the split is agreed you toss a coin, heads you get package A, tails its B. As it happened they then agreed to swap as this was geographically more convenient. Just a thought and best of luck with it all.
Mark Alexander - Founder of Property118
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Sign Up10:34 AM, 14th July 2014, About 10 years ago
Reply to the comment left by "Stephen RV7" at "14/07/2014 - 10:15":
Utterly brilliant!
Not always quite so easy in a divorce scenario though, especially if children are involved, and one partner earns substantially more than the other or one partner owns an owner operated business which has a value but the other partner could not run.
.
NewYorkie
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Sign Up12:05 PM, 14th July 2014, About 10 years ago
Linda, A very complicated and painful situation! When my partner and I split (we were not married) we would have loved to be able to toss a coin, but it was not feasible. Therefore, we agreed to maintain our jointly owned BTLs as tenants in common, and maintain a joint bank account solely for those properties. I don't think the mortgage providers care if you live together or not. Of course, that requires a lot of trust on both sides, and someone needs to do the work, but it's amazing how that can work when faced with huge and unnecessary costs, where the only beneficiaries are the taxman and the solicitors.
I wish you luck.
sharmela Jansari
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Sign Up13:37 PM, 14th July 2014, About 10 years ago
We did something similar once we decided who had which property, we then reduced the ownership to 99.99%:0.1%.
Linda Lane
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Sign Up15:45 PM, 16th July 2014, About 10 years ago
Many thanks to everyone for all this advice.
As many of our mortgages are with Mortgage Express it would be financial suicide for us to divorce if they could then call in the loans, as we have a very good monthly income at the moment, because of the low interest rates and the house values haven't recovered to their peak value, I think.
So I believe we have to go along the route suggested by Lou Valdini and keep as much the same as possible for the time being.
In terms of when we come to sell, I do believe the Mortgage Express advisor we were assigned said that they would allow individual sales in the future, without immediately calling them all in, and we would only sell one if we had that agreement in writing.
Bearing this in mind, I have another question:
If the family home is put solely in my name - this could be done when we remortgage in about 6 months' time - I'm wondering if it still might be possible to get the tax exemption on the BTL house lived in by my husband. Would the mortgage company even have to know about this? If we sell the house and tell the Inland Revenue that it was his main residence (and can prove this via utility bills etc), would the mortgage company ever need to know? Does anyone know if they could find this out?
sharmela Jansari
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Sign Up16:40 PM, 16th July 2014, About 10 years ago
I sent this article to a friend a few months back, Im sorry but I am unable to find the source, hope it is of some assistance:
When a marriage or civil partnership breaks down the last thing on your mind is the effect that the break-up might have on your relationship with the tax man. The tax implications of separation can bring its own problems to an already frustrating set of economic circumstances if not considered from the outset.
Treatment of tax to be paid on divorce
When a married couple separate, the first step is to establish what matrimonial property they have acquired either separately or jointly during the marriage. Matrimonial property is all property acquired during the marriage, except any gifts or inheritance which have remained in their original form. The value of the family home bought before the marriage is also included in this calculation. From any matrimonial assets are deducted any liabilities which have accrued during the marriage to establish the net value of the matrimonial property available to divide.
Although tax is a liability, the generally held view is that tax which hasn't yet been assessed or billed will not be deductible from the overall value of matrimonial property. The treatment of a potential tax bill was considered in a family law case in 2004 in which a speculative or hypothetical tax bill was not viewed as something which should be deducted from the overall value of matrimonial property.
However, the liability of a large tax bill will undoubtedly have a knock-on effect to the tax-payer's resources and it is at that stage that a payment of tax may be accounted for as part of the three stage exercise of considering the matrimonial property: (1) establishing the matrimonial property; (2) deciding how the matrimonial property should be divided; and (3) considering whether the amount calculated to divide the matrimonial property is reasonable having regard to the resources of both parties. This includes their financial resources now and the resources they might have in the future.
More recent family law cases which have considered the treatment of tax highlight that the Court will look at the particular tax circumstances in mind. In other words, each case will be decided depending on the circumstances.
Tax paid on transferring assets between separating spouses
Capital Gains Tax ("CGT") is a tax which arises when you make a profit or gain on an asset which you sell or give away. You have an annual tax-free allowance for CGT which will soon increase from £10,900 to £11,000. In other words if your overall gains or profits from the sale of an asset for the tax year goes beyond this tax-free allowance, you will pay CGT on the excess at the applicable rate. At present CGT is paid at a rate of 18% on any gains made by a basic-rate taxpayer; and 28% for a higher or top-rate taxpayer.
Where you are married, transfers of property between you and your spouse or civil partner is on a "no gain, no loss" basis for CGT purposes, i.e. CGT does not apply.
Before an agreement separating out your assets has been reached, it is sensible to bear in mind what tax charges will arise due to living apart and prior to divorce. The CGT exemption for married couples will only apply during the tax year in which spouses separate rather than continuing until they are actually divorced.
To benefit from relief from CGT on transfers of property between spouses, the court order or agreement that the property should be transferred from one spouse to the other must be made before the end of the tax year of separation. It is also not enough for there to simply be an agreement that a property is to be transferred from one spouse to the other, the transfer will need to be completed within the same tax-year period in order to avoid potential adverse tax implications.
During the period between a couple separating and finally getting divorced assets can be transferred from one spouse to the other at base cost. Afterwards, the exemption will no longer apply although spouses may still be treated as "connected persons" for CGT purposes. This means any asset transfer will be treated as having taken place at market value by HMRC.
Tax paid on transfer or sale of the family home
The tax consequences of separation differ when it comes to the family home. Where the family home is your only or main residence, throughout your period of ownership you will be entitled to a full relief from CGT on any gain. This is known as Principal Private Residence ("PPR") relief. For separating couples the PPR of both spouses is likely to be the same property when they separate. However, this might change where one spouse moves out of the family home and buys a new property.
The relief to CGT will continue to apply for an allowed period of absence from the property and so long as another property has not become or been elected as your PPR.
It is important to keep an eye on the period of absence from the PPR. The period of PPR relief will apply for three years since occupation providing certain conditions have been satisfied . This period of relief is set to be shortened to eighteen months with effect from 6 April 2014.
This period of relief can be extended by HMRC where the interest in the house is eventually transferred to a spouse who has continued to occupy the primary residence as part of an agreement on how the matrimonial assets should be divided.
Separate from CGT, there is an exemption on Stamp Duty Land Tax ("SDLT") on transfers of any property agreed by parties in contemplation of or in connection with divorce. It is therefore not expected that SDLT will be payable where a property is to be transferred between spouses. The SDLT exemption could also apply to transfers to children in contemplation of divorce where a decision has been made to retain a property for the future good of the family.
Tax considerations for family businesses on divorce
There are also tax considerations where spouses hold an interest in a family business. The tax exemption for transfers between spouses in the tax year of separation also applies to assets held within a family partnership. Where the Agreement or order by the court transferring the partnership asset or indeed company shares is dated after the tax year of separation, it may be possible to defer the tax to be paid by applying for "hold-over relief" if certain qualifying criteria are met.
If a partnership operates between a husband and wife who separate, it is not unusual that the partnership will be dissolved or will continue in the name of one spouse only, with a new partner. This could lead to tax issues depending on how the underlying partnership assets are held. Where funds are to be withdrawn from a capital account, income tax will be payable on the profits taxable in the year of cessation of the partnership.
Tax exemptions on death for separating spouses
As well as losing the exemption for CGT on separation, spouses will also lose their exemption on inheritance tax charges which would not apply when they were married. The inheritance tax exemption will only apply up to the date of divorce. Transfers between spouses will continue to be exempt from a charge to inheritance tax where the transfers are not intended to be made in return for something or where the transfer is made for maintenance of the family.
Income tax and tax credits for separating couples
Income tax does not automatically cause problems for separating couples as individuals are taxed on their own income. Separating spouses have a duty to support one another financially by paying aliment until they are divorced. Sometimes this payment will continue after divorce where it is ordered by the court or as part of an agreement. The spouse making the payment of aliment from income will be taxed on their gross income from the initial payment received. Maintenance payments received are not subject to income tax by the spouse receiving the payment.
When it comes to tax credits for children, these should be claimed by the spouse with whom the children live. This can be unclear where there is a shared care arrangement between parents. However as the test for tax credits is now means tested, it is expected that it is the spouse who would qualify for the credits that would claim where the children are living with each parent on a shared basis.
To avoid a situation where the tax issues on separation or divorce become taxing, or are overlooked, it is worthwhile seeking sound advice from a family law solicitor who can direct you to the appropriate tax expert. Where there is a family business some careful consideration should be given as to how the business will be maintained in the future and plans made accordingly bearing in mind the tax consequences.
Mark Alexander - Founder of Property118
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Sign Up16:50 PM, 16th July 2014, About 10 years ago
Reply to the comment left by "sharmela Jansari" at "16/07/2014 - 16:40":
This is good advice, hence I always suggest to people that it could be financial suicide to apply for a decree absolutely before the transfers of assets have been Court ordered and subsequently completed.
Transfer of assets between spouses are CGT exempt and Court ordered transfers do not attract SDLT. After the decree absolute is grated then you might as well be complete strangers and you will be taxed accordingly.
.
Linda Lane
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Sign Up14:11 PM, 17th July 2014, About 10 years ago
I've had another thought (always trying to dream up ways of saving money): If I moved at some point to another of our BTL houses (we've got a very nice one I've always liked) and sold the family home, then nominated the BTL as 'our' family home (since I've decided we can't divorce) - while my husband lives in the other BTL - would this be financially advantageous, because of tax exemptions? If it wasn't significantly so, then I'd probably just downsize to another house of my choosing (not one of our BTLs) when the dust has settled as it will probably be a good idea to have a fresh start somewhere new (I'm the innocent party in all this by the way).
Things are very emotional at the moment and I'm in a permanent state of shock, but it helps if I can plan out the future in a practical way. I won't need such a big house pretty soon as I'm expecting my 15- year old daughter to go to university in three years' time and my 16-year old son plans on staying with me forever...
Mark Alexander - Founder of Property118
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Sign Up14:32 PM, 17th July 2014, About 10 years ago
Reply to the comment left by "Linda Lane" at "17/07/2014 - 14:11":
Hi Linda
If you sell the family home there will be no CGT issues to worry about. If the mortgage on that property is portable you may also be able to port it over to the BTL property and pay off the BTL mortgage.
If your BTL becomes your principal private residence then you will begin to accrue PPR relief which will reduce your CGT bill when you eventually sell it.
Your BTL mortgage lender is unlikely to allow you to live in a property which has a BTL mortgage secured on it. That's if they find out - and of course they often do, even though several people chance their arm. If you're one of the unlucky ones who gets caught out by this you will regret it so please do whatever you can to mitigate this risk. You think you are under pressure now - just imagine if you were given 28 days to repay your mortgage due to being in breach of contract!!!
Why have you decided you can't divorce? Are you certain that you understand the implications of this, e.g. if your ex dies before you do, becomes insolvent, goes into long term care etc.?
By the way, thank you for posting your Readers Question. Another person in a similar situation to you has read this thread and has purchased my six month consultancy package for a fixed fee of £995 🙂
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