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propertylawyer, Solicitor
Category: Law
Satisfied Customers: 288
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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My husband and I live and work in Australia and we own a

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My husband and I live and work in Australia and we own a house in the UK which my brother and his wife occupy. They do not pay rent but pay for outgoings such as utilities and rates. My husband and are now separated and going through the process of settling our assets before divorce proceedings. As part of the settlement, I want to become the sole owner of the house, thereby safeguarding the property for my brother and his wife for the future. Will there be any problems having my husband's name removed, and will there be any tax implications? I have no income in the UK. Also, I am a British citizen. Thank you.

Hello Deborah

From a property perspective this is straightforward.

Is there a mortgage?

Customer: replied 1 year ago.
No. It is owned outright.

Hi Deborah

Thanks for confirming.

This is relatively straightforward.

1. On the basis the property is registered you need form TR1. You and your husband are the transferor and you are the transferee. The form is straightforward to fill in. In the final panel you need to insert the signature clause which is:

Signed as a deed by xxxxxxx In the presence of:

Witness signature:

Witness name:

Witness Address

One each for you and your husband. Witness must be over 18 and not related to you or connected with the matter.

2. The signed and dated TR1 needs to be sent to the Land Registry on AP1. There is a £40 fee.

3. If you do this yourself, you and husband need to complete form ID1. This is a form to verify your identify. ID1 goes the the land registry with the TR1 and AP1.

There is no Sdlt if zero or nominal consideration, I.e £1.

Whether there is capital gains tax due is a question for an accountant. It could be a complex question as there are different tax regimes in the two countries.

I hope this helps. Do let me know if you have any questions or queries in relation to my reply. I am happy to assist you further.

Hi Deborah

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