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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Can the tax man take our house if we have a joint mortgage

Resolved Question:

can the tax man take our house if we have a joint mortgage
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask does just one of you or both of you owe tax to HMRC please?From what I understand you own a property jointly with, is it your partner? If so did you enter into any form of written agreement between each other as to who owned what share in the property?
Customer: replied 2 years ago.

hi joshua just one person owes hrmc

Customer: replied 2 years ago.

hi joshua just one person owes hrmc and the majority is penalties

Expert:  Joshua replied 2 years ago.
Thanks. Could I also trouble you just to come back to me on my second point above? Again below for your ease of reference:From what I understand you own a property jointly with, is it your partner? If so did you enter into any form of written agreement between each other as to who owned what share in the property?
Customer: replied 2 years ago.

no we assumed 50 50

Customer: replied 2 years ago.
No we assumed 50 50
Expert:  Joshua replied 2 years ago.
Thank you. if the property is jointly owned between two of you, and you have not entered into any specific written legal agreement governing who owns what percentage of the property, then you are quite right in your assumption that the legal presumption is that each of you own the property on a 50-50 basis.If HMRC are making a claim against one of you, if the claim is legitimate, ultimately they can come after your property but they have no right to claim that part of the property which is not owned by you -i.e. they have a claim against 50% of the equity but not the other half. The other half is harmless from any claim in by HMRC for the others tax debt. They could attempt to force the sale of the property in order to claim from the half sahre they are able to claim for however if the property is your main family home, and they do so, you can seek to apply for relief against an order for sale on the basis that it would unfairly prejudice your partner and would be disproportionate in its effect on your family life and that you are able instead for example to make payment by instalments. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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Customer: replied 2 years ago.

thank for your help very pleased with the quick and helpful response have agood weekend