Friend gifting me a house - can I take a mortgage against only 25% of it?

ahrimaniacahrimaniac Posts: 981
Forum Member
✭✭
Howdo.

Here's the situation I'm mulling over at the moment. Lifelong friend is gifting me a house. Long story, but he's a good friend and doesn't need it and wants me to be secure, which is canny.

It's a bit of a fussy old-lady property at the moment and I'd be looking to modernise it. My question is - I want to take a mortgage out against the property when it is mine, but I don't want to take the full value of the property - maybe £50,000, which is 20% of the property.

From what I can see, you can only be loaned up to £25,000 from a bank but this differs as a secured loan? Is a mortgage possible for only a small part of the value of the house?

I'm going to talk to my bank this evening but just wanted to pick some brains.

Thanks!

Comments

  • davidmcndavidmcn Posts: 12,108
    Forum Member
    ✭✭
    Not sure I understand your question - if you want to borrow £50k on a property worth £250k that shouldn't be a problem. The mortgage will, however, be over the whole property i.e. the bank will be entitled to repossess 100% of the house if you defaulted.
  • !!11oneone!!11oneone Posts: 4,098
    Forum Member
    ✭✭✭
    I don't see why not.

    However, you need to speak to a Financial Adviser, because being given a house is taxable income and you might be stung for a huge tax bill.

    It might be better if your friend kept the house in his name, and you paid a nominal rent
  • Keefy-boyKeefy-boy Posts: 13,613
    Forum Member
    ✭✭
    !!11oneone wrote: »
    However, you need to speak to a Financial Adviser, because being given a house is taxable income and you might be stung for a huge tax bill.

    It might be better if your friend kept the house in his name, and you paid a nominal rent

    Being given a house is not taxable income, there should be no immediate tax implications for the recipient and it would most certainly not be better for the OP to rent the house, and if gifted it would be completely outside the donor's taxable estate at death after 7 years (provided they are still alive.)
  • jsmith99jsmith99 Posts: 20,382
    Forum Member
    ✭✭✭
    !!11oneone wrote: »
    ...........It might be better if your friend kept the house in his name, and you paid a nominal rent

    In which case, the OP wouldn't be able to get a mortgage. Quite apart from the inheritance tax issue.

    However, if the house wasn't the friend's main residence, then because the gift counts as a transfer, there might be capital gains tax payable.
  • ahrimaniacahrimaniac Posts: 981
    Forum Member
    ✭✭
    Hello there,

    Thanks for the advice so far - I probably didn't make myself clear, but yes I'd be looking to borrow about 20/25% of the value of the property, and my confusion was around whenever I look at mortgages, they only seem to talk of giving me 90% or so of the value of the house, which I don't need or want. 20/25% would be enough to do the kitchen and bathroom out and make a few improvements.

    Tax issue - it isn't his main property and he doesn't live there, so appreciate there may be CGT, looking into that now

    And thanks all for your help!
  • davidmcndavidmcn Posts: 12,108
    Forum Member
    ✭✭
    ahrimaniac wrote: »
    whenever I look at mortgages, they only seem to talk of giving me 90% or so of the value of the house, which I don't need or want.

    That's generally just the maximum loan to value ratio they're willing to lend - banks will be delighted to lend you less than that (and usually you get cheaper options given that it reduces their risk).
  • ahrimaniacahrimaniac Posts: 981
    Forum Member
    ✭✭
    Ah. Thought as much - well that's good news. I'll discuss with the bank later, and thank you for your help.
  • AtomicClockAtomicClock Posts: 295
    Forum Member
    At the end of the day, you are wanting to borrow some money secured against your property. Unless your property is worth less than the loan then I can't see why not!
  • ahrimaniacahrimaniac Posts: 981
    Forum Member
    ✭✭
    I knew it would be simple - it was just a case of not being able to see it on my bank's website. I'm a bit slow today, tis a Monday!
  • Keefy-boyKeefy-boy Posts: 13,613
    Forum Member
    ✭✭
    ahrimaniac wrote: »
    Tax issue - it isn't his main property and he doesn't live there, so appreciate there may be CGT, looking into that now
    Did he ever live there as his main home? Was it rented out? Both those factors might be used to mitigate his CGT liability.
  • bart4858bart4858 Posts: 11,435
    Forum Member
    ✭✭
    ahrimaniac wrote: »
    Howdo.

    Here's the situation I'm mulling over at the moment. Lifelong friend is gifting me a house. Long story, but he's a good friend and doesn't need it and wants me to be secure, which is canny.

    I think gifting a property may still involve conveyancing. In that case a solicitor might give some advice, as this situation isn't usual.
  • ahrimaniacahrimaniac Posts: 981
    Forum Member
    ✭✭
    Nope - his parents lived there until they shuffled off the mortal coil - and it's never been rented out. Good times!
  • AtomicClockAtomicClock Posts: 295
    Forum Member
    bart4858 wrote: »
    I think gifting a property may still involve conveyancing. In that case a solicitor might give some advice, as this situation isn't usual.

    I think you may be right!
  • ahrimaniacahrimaniac Posts: 981
    Forum Member
    ✭✭
    bart4858 wrote: »
    I think gifting a property may still involve conveyancing. In that case a solicitor might give some advice, as this situation isn't usual.

    Absolutely. We're beginning that process next week. I've got solicitors ready when I need them but currently mulling.
  • peonpeon Posts: 1,671
    Forum Member
    ✭✭✭
    ahrimaniac wrote: »
    Hello there,

    Thanks for the advice so far - I probably didn't make myself clear, but yes I'd be looking to borrow about 20/25% of the value of the property, and my confusion was around whenever I look at mortgages, they only seem to talk of giving me 90% or so of the value of the house, which I don't need or want. 20/25% would be enough to do the kitchen and bathroom out and make a few improvements.

    Tax issue - it isn't his main property and he doesn't live there, so appreciate there may be CGT, looking into that now

    And thanks all for your help!

    they'll be falling all over themselves to lend you 20 - 25% of the property value, you'll be beating them off with a shitty stick. make sure you get the best rates and product, you're in a strong position.

    PS - that's some friend you have! does he have any more properties he doesn't want? :D
  • Keefy-boyKeefy-boy Posts: 13,613
    Forum Member
    ✭✭
    ahrimaniac wrote: »
    Nope - his parents lived there until they shuffled off the mortal coil
    How long ago did the last parent die?
  • tony13579tony13579 Posts: 1,145
    Forum Member
    ✭✭✭
    Mortgage quote the MAXIMUM loan to value (LTV) ratio
    so borrowing 25% LTV is going to make you able to get a mortgage from almost any lender.

    I am wondering if you could buy the house on a low valuation in stages as a sitting tenant to reduce your tax obligations. or arange a peppercorn lease before purchase.

    Ie house worth £250000 with vacant occupancey on opemn market for up to 3 months

    House is worth £200k with vacant occupancey at auction

    House worth £100-150k at aution with sitting tennant with life long pepper corn lease arrangement.

    Therefore an estate agent could value the house at £100k and tax would have to be declared and paid on £100k
  • tony13579tony13579 Posts: 1,145
    Forum Member
    ✭✭✭
    Keefy-boy wrote: »
    How long ago did the last parent die?

    If he was left the house in a will, he can adjust the will to leave the house to you. (unless the will has been fully executed)
    inheritance tax will have to be paid on the estate if that exceeds the threshold. However both husband and wifes combined thresholds are possibly available even if the other spouse died many years ago.
  • davidmcndavidmcn Posts: 12,108
    Forum Member
    ✭✭
    tony13579 wrote: »
    Mortgage quote the MAXIMUM loan to value (LTV) ratio
    so borrowing 25% LTV is going to make you able to get a mortgage from almost any lender.

    I am wondering if you could buy the house on a low valuation in stages as a sitting tenant to reduce your tax obligations. or arange a peppercorn lease before purchase.

    Ie house worth £250000 with vacant occupancey on opemn market for up to 3 months

    House is worth £200k with vacant occupancey at auction

    House worth £100-150k at aution with sitting tennant with life long pepper corn lease arrangement.

    Therefore an estate agent could value the house at £100k and tax would have to be declared and paid on £100k

    I suspect the taxman will have thought of that one a long time ago :) The lease will probably count as a disposal as well.
  • JohnbeeJohnbee Posts: 4,019
    Forum Member
    ✭✭✭
    Of course you can get a loan on mortgage of any amount up to whatever the lender thinks you can afford as long as the property covers the loan amount.

    The bad news is that you might have to pay a lot of stamp duty to put the house in your name.

    So go to the buiding society you save with and tallk to the person at the counter.
  • davidmcndavidmcn Posts: 12,108
    Forum Member
    ✭✭
    Johnbee wrote: »
    The bad news is that you might have to pay a lot of stamp duty to put the house in your name.

    If it's genuinely a gift there's no stamp duty payable.
  • bart4858bart4858 Posts: 11,435
    Forum Member
    ✭✭
    davidmcn wrote: »
    If it's genuinely a gift there's no stamp duty payable.

    This is one of those things that needs to be checked out.

    What's to stopping me, instead of buying a house normally, to give the money as a gift to the current owner, while the owner then makes me a separate gift of the house itself? No stamp duty payable.

    In fact things of this sort happen already around thresholds (c. £250K for example).
  • Keefy-boyKeefy-boy Posts: 13,613
    Forum Member
    ✭✭
    bart4858 wrote: »
    This is one of those things that needs to be checked out.

    What's to stopping me, instead of buying a house normally, to give the money as a gift to the current owner, while the owner then makes me a separate gift of the house itself? No stamp duty payable.

    In fact things of this sort happen already around thresholds (c. £250K for example).
    This question has come up before here. If it is a genuine gift and the property has no mortgage the transaction is not chargeable for stamp duty.
  • davidmcndavidmcn Posts: 12,108
    Forum Member
    ✭✭
    bart4858 wrote: »
    What's to stopping me, instead of buying a house normally, to give the money as a gift to the current owner, while the owner then makes me a separate gift of the house itself?

    The fact that HMRC may well ask you to prove to them that's a pure coincidence these two things happened round about the same time :) It's no more legitimate a method of tax evasion than any other - SDLT is payable on the overall consideration for the deal, no matter what form or route that takes.
Sign In or Register to comment.