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Mesher: Retaining an interest in the family home

  • ag234
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05 Jul 07 #1176 by ag234
Topic started by ag234
Hi,

I am in the process of sorting out an equitable solution with ex. She wants FH ( £420K equity) which leaves me with 5 other properties( and shares in properties) worth £210K

As I will have to sell all 5 to achive a similar equity level, whilst she remains in the over large family home, I am seeking a solution to balance the equity.

She refuses to budge on her position, and frankly, if the kids are ok, and it stops her shouting at me, I am happy to facilitate this.

The question is, in order to bridge the equity gap, how feesible or desirable would it be for me to retain a 15/20% stake in the house.

Obviously this doesn't actually release any capital for me, but it does mean that I am not entirely financially disadvantaged.

From a practical and emotional point, how can I have any influence on her moving new chap ( &kids) in, or indeed, selling the house to buy a larger property with him.

The other option is for her to actually work longer than the current 13 hours a week, and use the money to pay me off by extending the mortgage. ( ie a further £200 pcm would realise £50K cash). Can I force her to do this?


A

  • Princess Fiona
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05 Jul 07 #1183 by Princess Fiona
Reply from Princess Fiona
With a mesher there are conditions attached which trigger the sale of the property such as the youngest child reaching 18, the death of the resident parent or if she cohabits or remarries.

To avoid capital gains tax on your share you need to ensure the property is transferred into her name within three years from you moving out. A Mesher retains your interest as a form of charge left in trust. HMRC regard this as "settled property" and there is no CGT liability.

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