Some more questions to ask yourself

– How much money would be released from a sale
– could you use this money to pay off non deductible debt and invest in a higher returning investment
– is the property affecting land tax
– is the property hurting borrowing capacity
– prospects for growth = what do you think the situation would be like in 10 years

Without capital growth there is not much point in investing.

If a purchaser has exchanged contracts but cannot settle the vendors should seek legal advice about issuing a notice to complete and then terminating the contract and keeping the deposit. They should have made sure there were persoonal guarantees in the contract and that the full 10% deposit would be owing. Once the contract is terminated write to the purchasers and tell them to remove the caveat within x days as they will not have any entitlement to lodge a caveat at that point.

It seems you are an owner of the property next door and not the owner of the property they are renting. You seem to be talking about a noise complain which is different to a lease complaint. A lease can’t say that they must enter via a certain door. If they have leased the property they can use all of it without restriction.

Why not just get in contact with council?

Stamp duty could be avoided if you were living their as the principal residence. For this to work your husband would need to buy 50% of your property from you at full market value. He could borrow to do so and claim the interest. Where the transfer is done for non consideration or undermarket value the full interest on the loan could not be claimed.

Because it is an IP CGT would apply – unless it was previously a main residence perhaps.

The easiest way to proceed would be to try a broker to get you a loan as is. Next easiest would be to simply add him to the loan but not the title. You may be able to take him off in a few years when your income situation improves or when servicing eases up (if).

Jamie Moore wrote:

Terryw wrote:

you should never take tax advice from a banker!

Wise words!
The ones I’ve personally dealt with have been more concerned with up-selling products rather than taking care with the advice they give.
Which lender are you with OP?
Cheers
Jamie

And no one should take lending advice from a banker either!

The developer will want the power to walk away without any obligation, probably no matter what the circumstances. It is really up to your negotiating skills and how bad they want the deal.

Cartman123 wrote:

Terryw wrote:

If A lends to B the interest is deductible to B if B uses the funds for investment purposes.B would pay interest to A B could claim the interest as a deduction, A would declare the interest received as income.

Interesting… this looks like some sort of company structure, where an employee receives an income from their employer.. does this need a trust in place to work ?
Cheers,Cartman

Not a company structure, but could be 2 individuals such as husband and wife. No trust needed

Coogee126 wrote:

so if you buy investment properties, the current LVR is only 65% as per banks policy.

you should never take tax advice from a banker!

It is the use that determines deductibility. If you borrow to buy a main residence and then move out and rent it the interest will be deductible at this point even though the purpose was to buy a main residence. the funds are being used to own an income producing assets and are therefore deductible.

depends on the state. In NSW a couple could potentially get up to 6 separate land tax thresholds. in QLD it is potentially unlimited.

I wouldn’t think you would be able to go on a loan without being on title – are you sure this is possible?