All Topics / Help Needed! / Selling to family advice

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  • Profile photo of NATS12NATS12
    Member
    @nats12
    Join Date: 2003
    Post Count: 129

    My sister has a unit with a current tenant. She is looking to purchase another PPOR, however she will have to sell the unit because she will have too much exposure to property.

    As a solution, I am considering buying half of the unit and she retains the other half. Firstly, how do we go about doing this and secondly, is the stamp duty only payable on the half that i purchase??

    Profile photo of Mortgage HunterMortgage Hunter
    Participant
    @mortgage-hunter
    Join Date: 2003
    Post Count: 3,781

    You can use a solicitor/conveyancer to do the necessary title changes. If you have the time and the inclination you can do the necessary transfers yourself at the titles office.

    I transferred a title from my Grandma to my mum a few years back and the whole process took very little time and effort.

    If you need to get a mortgage then that will add a further layer of compexity into it.

    I believe you will only need to pay stamp duty on the purchase price of your half. But check it out.

    Important to work out the finance too. If you have a mortgage in both names then you will be jointly liable for the whole debt – this may not assist your sister if she is having trouble getting PPOR finance because of her lending situation.

    Cheers,

    Simon Macks
    Mortgage Broker
    [email protected]
    0425 228 985

    Comments may not be relevant to individual circumstances. If you intend making any investment, financial or taxation decision you should consult a professional adviser.

    Profile photo of gmh454gmh454
    Member
    @gmh454
    Join Date: 2003
    Post Count: 537

    Agree with what has been said, also not sure about security. If you need the property as security for your loan a bank, should want her on the loan docs.(they can’t sell half a house ), This could get you in arguments with the taxman as to who the interest deductions belong to,

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    NATS

    If your sister has too much property exposure-in terms of loans, then selling half won’t really solve anything because she would still would be liable for the whole debt. ie if you were to stop paying, she would be liable.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of melbearmelbear
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    @melbear
    Join Date: 2003
    Post Count: 2,429

    NATS, why don’t you look at buying the house that your sister wants, and renting it to her? She gets the house she wants, and you get a (hopefully) reliable tenant, and an IP for yourself.

    Cheers
    Mel

    Profile photo of BEAR1964BEAR1964
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    @bear1964
    Join Date: 2003
    Post Count: 702

    quote:


    NATS, why don’t you look at buying the house that your sister wants, and renting it to her? She gets the house she wants, and you get a (hopefully) reliable tenant, and an IP for yourself.

    Cheers
    Mel


    That sounds like a win/win to me Mel.

    I have heard of people buying a house their friend wants while their friend buys a property that they want. This way they rent to each other and have all the tax benefits that go with it.

    Regards Bear

    Profile photo of Mortgage HunterMortgage Hunter
    Participant
    @mortgage-hunter
    Join Date: 2003
    Post Count: 3,781

    All the benefits except for the CGT exemption and the FHOG that is.

    Cheers,

    Simon Macks
    Mortgage Broker
    [email protected]
    0425 228 985

    Comments may not be relevant to individual circumstances. If you intend making any investment, financial or taxation decision you should consult a professional adviser.

    Profile photo of melbearmelbear
    Member
    @melbear
    Join Date: 2003
    Post Count: 2,429

    Yes, but neither NATS or his/her sister would qualify anyway for the FHOG if they continue with the strategy outlined.

    To avoid CGT is really, really easy – don’t sell![}:)]

    In ACT, if you buy an investment, you can claim the stamp duty on your tax. If you buy PPOR you cannot, so you can almost get that $7000 back anyway, especially considering current stamp duty rates.

    Cheers
    Mel

    Profile photo of 2muchmoney2muchmoney
    Participant
    @2muchmoney
    Join Date: 2003
    Post Count: 15

    what does PPOR and FHOG

    thanks simon

    Profile photo of Still in SchoolStill in School
    Member
    @still-in-school
    Join Date: 2003
    Post Count: 1,844
    Profile photo of Mortgage HunterMortgage Hunter
    Participant
    @mortgage-hunter
    Join Date: 2003
    Post Count: 3,781

    Who says she has to sell because of too much exposure to property?

    Her lender?

    Maybe changing lenders will be the most efficient option here.

    Cheers,

    Simon Macks
    Mortgage Broker
    [email protected]
    0425 228 985

    Comments may not be relevant to individual circumstances. If you intend making any investment, financial or taxation decision you should consult a professional adviser.

    Profile photo of 2muchmoney2muchmoney
    Participant
    @2muchmoney
    Join Date: 2003
    Post Count: 15

    thanks still in school

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