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Deed of gift or undervalue

3 replies

Cockwomble · 31/05/2012 10:52

What does this mean please? I am looking into swapping names on a mortgage - a straight swap of one name for another, no money changing hands.

I have been asking for solicitors quotes and one of them wanted to know if deed of gift or undervalue were involved.

Thanks

OP posts:
Collaborate · 31/05/2012 12:25

You can't swap names on a mortgage normally. Say you have A and B owning a property together subject to mortgage, and the new owners will be A and C. A and C will have to take out a new mortgage to clear the existing one.

If A will be the sole owner in future, a transfer of equity is what you'd be applying for. You first ask the mortgagee for their permission to remove B from the mortgage account, and then effect the transfer. Alternatively A can seek a new mortgage elsewhere.

If the property being transferred has some equity, there may be CGT considerations, whether or not it money is actually changing hands.

Cockwomble · 31/05/2012 12:41

Thanks Smile

OP posts:
mumblechum1 · 31/05/2012 19:16

Agree with Collaborate. It's not just a matter of changing names on a mortgage deed (ie the debt), I would expect that the title (ie ownership of the property) is also going to change hands, surely?

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