Taxation logo taxation mission text

Since 1927 the leading authority on tax law, practice and administration

Joint debt?

11 May 2010
Issue: 4254 / Categories: Forum & Feedback
An unmarried couple purchased a house together with a joint mortgage. Shortly before his death, one of the owners repaid the outstanding balance of the mortgage and HMRC are treating half of this as a failed potentially exempt transfer

In 1999 my client Miss S and her boyfriend Mr R bought a house together (tenancy in common). Her income was very modest his was good.

My client contributed £101 000 Mr R contributed £85 000 and they took out a joint repayment mortgage for £260 000. Mr R always paid the mortgage as Miss S’s income would never have enabled her to bear the cost.

It is not clear why Miss S was a joint mortgagor because Mr R’s income alone would probably have met the lender’s criteria at the time. Miss S simply signed the papers put in front of her.

After many years the relationship broke down and Mr R moved out. Shortly afterwards and just before his death he sold his business and without taking any professional advice repaid the outstanding mortgage balance (about £160 000).

The executors’ solicitors...

If you or your firm subscribes to Taxation.co.uk, please click the login box below:

If you are not a subscriber but are a registered user or have a free trial, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this item in full.

Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.

back to top icon