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Where Taxpayers and Advisers Meet

Deed of Trust Validity on Divorse

Martintaxes
Posts:37
Joined:Fri Apr 28, 2017 12:25 pm
Deed of Trust Validity on Divorse

Postby Martintaxes » Sat Feb 24, 2018 11:34 pm

Hi,
My wife and myself have four rental properties, and their mortgages will close out over the coming 5 years. All of the them have trust deeds associated with them for income tax reasons, with a 1% beneficial ownership for me and a 99% for my wife. This was done as I'm a high rate tax payer, and TD copies were submitted with Form 17 to HMRC at property purchase. I just wondered what the situation would be if we divorced as there was no specific clause in their to say it will revert back to 50/50 ownership, should the situation ever arise. We have no children or other family joint commitments.
Many thanks,
Martin.

bd6759
Posts:4267
Joined:Sat Feb 01, 2014 3:26 pm

Re: Deed of Trust Validity on Divorse

Postby bd6759 » Sun Feb 25, 2018 12:59 am

Your wife owns 99% of the properties. That is what the DoT says. Your wife can sell the properties and keep 99% of the proceeds if she wishes.

A DoT is not a tax wheeze. It is a deed stating who owns the property, and the tax consequences will follow the ownership.


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