by section 44 on Tue Sep 21, 2010 1:07 pm
Mortgage issues will be down to the particular lender.
If beneficially (even if not legally) you would jointly own the property then the first time buyer relief is not available. So if, for example, the legal title to the property is registered solely in your name but your husband contributes towards the cost of acquisition (deposit or payment towards mortgage, i.e. constructive trust) then the property would be beneficially owned by both of you and the relief is not available.
If you want the relief to be available then you alone have to acquire and own the property (i.e. without any financial support from your husband - practically very difficult to demonstrate if you live together). Clearly this could have wider implications (divorce settlement for example) than simply avoiding tax.