Are we FTBs? previously named on mortgage, no beneficial interest - help please!

[123sarah100]

Hi - any advice really appreciated...

I am in the process of purchasing a house with my partner, J.

I'm definitely a FTB, however J was named on his brother G's mortgage when G separated from his partner approx 15 years ago, so to help him meet affordability criteria. J never lived there, contributed to the mortgage, or had any involvement when that house was later sold. A message from solicitor (family friend, now retired) says 'you were joint owners of legal estate and recorded as joint proprietors at the land registry, however as far as I recall G owned the entire beneficial interest and the net sale proceeds were applied towards his next purchase'.

We're trying to find out if J will count as a FTB for SDLT purposes.

Our questions are:

- do we need written proof of J having no beneficial interest, and if so what would that be? G says he has no paperwork relating to that house... however he still lives in the next house he moved into and is with the same mortgage lender.
- if J had no beneficial interest, does that mean we won't need to pay SDLT?

Thank you so much!

[SDLT Geek]

If J has no beneficial interest in G’s house then he should still be able to qualify as a first time buyer.

You should be able to get a copy of the transfer of the property to J and G from the Land Registry. If you are lucky that will confirm that it was held on trust for G alone.