Married couple - do we both have to be on title deeds?

B

bearaman

Registered User
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Hi,
My wife and I are buying a house, I'm a FTB and she's not. We're trying to avoid paying stamp duty. We were advised that since we're married, both our names would have to go on the mortgage but that only my name could appear on the house deep, thus avoiding stamp duty.
Can anyone confirm if this is correct?
Thanks,
B.
 
If your wife is on the mortgage then your wife is contributing towards the purchase of the house so SD will be owed according to revenue rules.

To qualify for the relief the entirety of the purchase monies, including any borrowings, must be provided by the first time buyer. Any person, who provides part of the purchase monies or who is a party to any borrowings relating to such purchase, is also regarded as a buyer of the house and the relief will not be available unless that other person is also a first time buyer.
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The only way around it (and I don't condone this) is if you alone could get the mortgage, but I don't think banks allow single party applications when the party is married anymore.
 
Thanks Plant for the info, I think I'd better get some legal advice on this as I really don't want to pay the stamp duty.
 
Not paying stamp duty in the circumstances you describe is tax evasion.

You will have to pay Stamp Duty if either of you have owned a property at any time.
 
Grand, I was only looking for legit ways of avoiding stamp duty, after all I'm still a FTB.
 
bearaman said:
Grand, I was only looking for legit ways of avoiding stamp duty, after all I'm still a FTB.
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There is no 'legit' way of not paying SD in your case.

As said, if one of the parties involved has previously owned a property, then you are excluded from the exemption. You have to pay it, legally that is.
 
I'm in a simliar situation - I'm not a FTB but the wife is....my plan was for her to buy a house in her name, mortgage in her name only etc....I'd pay the loan back...solicitor advised that we need to pay stamp duty.
We're not in a mad rush - my own view is that stamp duty will be abolished either this year or next year so we're going to wait - for the moment
 
Perhaps you should work out how much the SD would actually be, and decide if its worth the risk of trying to defraud Revenue over it to save yourself that amount.

If they find out later, are they only able to bill you for the SD amount, or can they fine you on top of that for being sneaky;)?
 
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