A solo ‘holiday’
Q My girlfriend and I are hoping to buy a flat together. I am a first-time buyer and so eligible to take advantage of the stamp duty ‘holiday’ – which would save us around £2,000. But she was a joint owner of a property before and so, as a couple, we wouldn’t qualify. Is there any reason why I shouldn’t just buy the flat in my own name?
A First-time buyers are (until March 24, 2012) exempt from paying the 1 per cent stamp duty on homes valued between £125,000 and £250,000.
But as you rightly say, if you are buying a property jointly with someone who has owned a property before, you will not qualify for the exemption. If you were married it wouldn’t matter much if you bought the property in your sole name, since if you were to split up, your spouse would have a claim on it under matrimonial law. As a single woman she would be seriously at a disadvantage though. Discuss it with your solicitor.
Home not my own
Q I have lived in my house for 35 years without paying rent. When my father died some years ago I discovered my sister had made him draw up a deed of conveyance signing the property over to her son. What’s the position with my home?
A If your nephew does own the house (you could check this at the Land Registry) he would need a court order to get you out, although since the transfer appears to have taken place some time ago it suggests that he is happy for you to continue to live there.
If there’s any pressure on you to leave you should see a solicitor, since your status as occupier could be problematic: certainly if you’re elderly and have nowhere else to go the court may allow you to stay indefinitely.
There may be other issues which a solicitor may wish to investigate.
Too much effort
Q I was interested in buying a leasehold property, but I asked the estate agent whether I could also buy the freehold through the owners signing the necessary forms. After a long wait, they told me that this additional purchase was not going to be possible and couldn’t tell me what it would cost. Is this worth pursuing further?
A The owners could have sought a voluntary sale from the freeholder, but if the freeholder refused they would have had to use the procedures set out in the Leasehold Reform Act if they applied in this case.
This could have been expensive and time consuming, and may have involved engaging a surveyor to calculate the value of the freehold as it stands.
Although it may have increased the value of their house to sell you the freehold as well, the owners may have decided it wasn’t a worthwhile project since (I take it) there was no commitment from you to purchase the property at the end of it.
Can she get more?
Q My wife left me recently. We each own a house, and she has a tidy sum in investments, policies, premium bonds and the like. Before she went I volunteered for redundancy, and am due to receive a lump sum and weekly pension soon. Will she have any claim on these, and how will the rest of our assets be divided up?
A All the assets owned by you and your wife, together with your respective incomes, pension entitlements and possible inheritance prospects are taken into account in an agreement on division.
If you cannot agree then mediation may be an option. If that is not successful then the decision can be made by the court. The court has the power to order the transfer of assets and the sharing of pensions. The court strives to reach a fair settlement taking into account a list of factors relating to your past contributions, current situation and future needs. You should see a solicitor who is a member of Resolution (formerly the Solicitors’ Family Law Association) for advice.
Collision with a bin
Q My son drove into a wheelie bin which had been left in the road. It was dark, and the front wing and bumper of his car were badly damaged. Of course, the owner of the bin denied responsibility. What can we do?
A Even if you could establish that the owner of the bin was a serial offender who left his bin out 11pm on the day of collection, your son would probably be held at least partly to blame for the collision. It would be reckoned that he should have been driving at a speed appropriate to the conditions which, in the dark in a residential area, should have been slowly. I think he will have to foot the bill for the damage.