Dont understand what you are getting at?

So many potentially dangerous issues – you need some proper advice.

If your mum’s husband dies first make sure she gets legal advice – she could easily claim the house.

In most cases the tenants will move out when required. Don’t worry. Its rare that they don’t. I have seen it happen just once.

Your lawyer would be the best person to talk to as this is a legal matter with far reachin consequences involving estate planning, asset protection, family law and property law etc.

I generally favour ownership in one name, usually the spouse least at risk of being sued. This not ony provides greater asset protection on any future bankruptcy (or the non owner) but also preserves borrowing capacity and reduces risk of having both on the loan.

In Vic there is no stamp duty on transfers between spouses, so if equity builds up and you do move out A could sell it to B for full market value with no duty or CGT and deductible loans thereby increased.

But not having your name on title creates other issues – you cannot leave the property in your will for example. But this may be covered by each buying separate properties

That is not correct. tell your accountant to look at s118-145. Initial period it can’t be your main residece, but once you had lived in it you could still claim it as the main residence for up to a 6 year absence.

Yes, get it wrong and you will be up for double stamp duty – seek legal advice.

That is not correct. You can claim a partial exemption. s118-192 ITAA97 from memory.

Also any expenses you have not otherwise claimed can be used to reduce the CGT, including interest while you were living there.

I disagree.

Ok, thats good.

Noobugawa wrote:

Thanks TerryW. I managed to get through to a home loan specialist at my bank this morning and she confirmed what you said. ;-)

That concerns me.