does my husband property belongs to me too if under his name?

[lilasimpson]

he bought it before we got married, we live there now...but is under his name...is it legally mine too? thanks

Do you mean if you divorce? If so, everything you both have (property, savings, pensions) will form joint assets to be considered in any settlement. So yes, in essence you would have a claim on it.

Things like whether you have children, how long you have been married, the standard of living you enjoyed, your respective ability to repair your finances and get a mortgage (amongst other things) will also be considered.

thanks olgaga, don't plan to divorce but i am bothered that it is not on my name...we were thinking of getting another house and move in it, while renting that one....was thinking about tax relief if i could say i get the rent iyswim?

I think if the rental agreement was in your name then it would be your income, for tax purposes. If you were planning to let it through an agency I'm not sure whether it would make much difference if the property is in your husband's name, as it would depend on the documentation they require. Probably your marriage certificate would be enough.

I understood this was an income tax issue, rather than a tax "relief" issue. If the income is paid to the OP, then the tax liability is hers, using her own personal tax allowance.

Well it's not quite a case of "looking for someone who doesn't pay tax". They are married - the house is in his name, but she surely has a beneficial interest in the property?

No. Her husband is the owner, not her. She doesn't have a beneficial interest in anything he owns just because she married him.

Olgaga you may be confused by the fact that a spouse may be entitled to a share of a spouse's assets following divorce, but that does not create a beneficial interest prior to any such settlement.

There are specific rules governing rental income for property owned within a marriage: you need to take professional advice from someone (an accountant or a lawyer) experienced in setting up tax-efficient property rentals.

Yes, come to think of it, we did change my old property back to being in my sole name, for this very reason.

I don't recall getting any professional advice. If there is no mortgage, you can just complete this form:

www1.landregistry.gov.uk/upload/documents/TR1.pdf

And of course you need to contact HMRC, but I just complete a self-assessment form, checking the "Income from property" annexe each year.

I don't recall getting any professional advice.

Then you may be at risk of HMRC reallocating the income (for the past 7 years) in a way that results in more tax being due. Without going into the detail (because I cannot give professional advice here), the registered title is of little relevance. The current procedure is to transfer the beneficial interest in the property, and send this form to HMRC to record the fact. The position before ?2006/7 was different.

Right well that's helpful. My situation dates back almost 10 years.

Right well that's helpful.

I am not sure what you mean.

My situation dates back almost 10 years.

The OP's doesn't.

Hey come on - you replied to my post, I am simply being responding to you out of courtesy! No need to be snotty.

Sorry, I think I must have got my wires crossed

All I can say to both you and the OP is: HMRC see income shifting between spouses as a key source of potential additional tax revenue, both by investigating returns made under existing law and through new legislation to close perceived loopholes. This is therefore a constantly moving target so if you want to do anything different from sharing income and capital gains 50:50 (which is the default position) you should take professional advice at the outset and on an ongoing basis.

Well thanks for that, it's clearly a bit of a minefield now.

If the house is in your husband's name, then you cannot let it out. Only he can be the landlord.

Not sure what you mean by that Amateurish: if you mean that a tenant under a rental agreement entered into by party A with party B as landlord may not be able to enforce their right to occupy land the title of which is registered to another party C then you may be correct, but we are talking about tax law here. HMRC don't care about property law, if as a matter of fact an agreement exists that provides rental income they are going to assess that income on somone (and as a matter of tax law, that someone is not party B or party C it is the beneficial owner).

Yes, and within a marriage HMRC will want to see a similar pre-existing deed (usually drafted as a Declaration of Trust) PLUS a Form 17 declaration.

Like I say, they care about beneficial ownership, not registered title.

In a divorce situation there is often a jointly owned property rented out, where one spouse receives all the rental income. It is always important in the final settlement to secure an indemnity from them against tax payable by the non-receiving spouse. They still have to pay the tax even if they don't actually receive any of the income.