Buying out other two joint buyers - implications?

Dublinchick

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Re: Key Post: Buying a house with a friend - draft agreement

Myself and 2 friends bought a house 5 years ago – (all costs and mortgage payments to date have been split equally). We paid 400,000 for the property at the time. We had decided when we purchased the house that we would review the situation after 5 years. All 3 of us lived there until 2 years ago, when one of the parties moved in with their partner, but has continued to pay their share of the mortgage. We had a meeting about this and they informed us that they would like to sell their share (the house is appraised at approx 600k now, and in the current market, it doesn’t look like there will be any further appreciation in the near future so it makes perfect sense to get out now from their point of view). I would like to buy the house on my own. Any advice on the best way to do this?
I am liable to pay stamp duty on the property again? Can I just transfer the current mortgage and the title to my name?
The other potential issue is the other party has expressed an interest in purchasing the property too, and is in the process of determining if they can afford to do this.
They had asked if we would purchase it together, but as all of our situations have changed – each party is involved in a long term relationship, it doesn’t make sense to me as I feel that in the near future the same situation will arise again where one party will be moving in / or out with their partner.
 
"Any advice on the best way to do this? "

Sit down and do the sums. Can you afford to buy out both parties on a current valuation? Can you afford the increased mortgage? Do they all want to sell to you?

"I am liable to pay stamp duty on the property again? "

You might be - have a look at Revenue Form SD10A - there is a relief for an original f.t.b. to be a "born again" f.t.b. in some circumstances or the actual price to be paid may be below the threshold.

"Can I just transfer the current mortgage and the title to my name? "
Possibly. But most people just raise a new mortgage and buy out the others. So its a mortgage and sale situation.

"The other potential issue is the other party has expressed an interest in purchasing the property too, and is in the process of determining if they can afford to do this. "

Well, either one of you buys, you both buy or you all sell. If you cannot agree on what is to happen, anyone of you can issue Partition proceedings to sever the ownership and get an Order for Sale. It is extreme but it is a very useful remedy when you have a complete stand off. Focusses everyone's minds wonderfully.

mf
 
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