All Topics / Help Needed! / Added husband to my title of my IP

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Viewing 7 posts - 1 through 7 (of 7 total)
  • Profile photo of belinda1983belinda1983
    Participant
    @belinda1983
    Join Date: 2012
    Post Count: 2

    hi guys
    would love your help, i just had a baby and no longer work or plan to for a long time, i have an IP in my name only in Victoria as purchased before i was married, since im not working anymore i cant claim any NG. So want to add my husband to the title and bank loan so he can claim 50% of NG .
    Any advice on costs involved ?
    or is it a simple matter of contacting bank and added him to title and loan ?
    cheers belinda

    Profile photo of DerekDerek
    Member
    @derek
    Join Date: 2004
    Post Count: 3,544

    HI Belinda,

    Normally when you add someone's name to a title you are changing the ownership structure.

    In your case you (hubby) may incur stamp duty (I understand some states have allowances when a spouse is involved)

    Given the property is an IP it is possible you may incur some CGT on the part sale of your property..

    Do the numbers as the cost of making the change may not be worth it. On a related matter if the property is only just negative then you could potentially be looking at a situation where the property is positive and it is better it remains in your name.

    Be worth speaking to a good accountant.

    Profile photo of belinda1983belinda1983
    Participant
    @belinda1983
    Join Date: 2012
    Post Count: 2

    Thanks Derek

    Great advice , will look into that

    cheers belinda

    Profile photo of MosquiMosqui
    Participant
    @mosqui
    Join Date: 2010
    Post Count: 43

    I’m not sure, but if you create a family trust you can get the same result but cheaper.
    What the experts think about this?

    cheers

    Mosqui

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Seek Professional advice as selling the property into a Family Trust is unlikely to be cheaper.

    Cheers

    Yours in Finance

    Richard Taylor | Australia's leading private lender

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

    In VIC you would probably be exempt from stamp duty (or just nominal) to transfer between spouses. What you would need to do is to arrange for your husband to purchase your share at full market value and then he could borrow to do so and claim the interest.

    So you need to arrange a valuation for stamp duty (but probably exempt) and CGT purposes. Then get a conveyancer/solicitor to arrange transfer of title and reapply for loans – consider any exit fees and app fees.

    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 TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Oh, yes if you sell to a trust then no stamp duty exemption (I imagine).

    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

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