FTB status of spouse - solicitor said Yes

L

larkin

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Sorry, I know this subject has been done too death.. but I had done my research, then spent ages convincing my husband he was not a FTB, and quoted numerous posts to him, only for my solicitor to tell us he is a FTB.

So I'm looking for some second opinions on our particular situation, and thanks in advance.

We bought our 1st property, used savings, no mortgage, and put the title in my name only. Not married.

2nd property currently being bought, mortgage in my name only, title will go in my name only. Married.

When we asked solicitor if husband is currently a(n?) FTB, the answer was "Oh Yes".

When we asked solicitor if husband will be FTB after the purchase of the 2nd place, the answer was another unequivocal Yes.

So now, I doubt my own research. First time dealing with this solicitor so not too sure - is she giving us good advice?
 
As regards SD, your solicitor is wrong on both counts.

He is NOT CURRENTLY a FTB.

The clue is there - "we bought".

Bad advice, as it puts you in the position of tax evasion.
 
My OH bought our first house which I moved into and afterwards we married.

We bought our next house a few years later & I queried FTB's & was told it did not apply as we had lived in the first house as husband & wife - this is a number of years ago so I don't know if the circumstanses are the same.

I also noticed you said "we bought" yet only in your name - can you elaborate?
Is there a particular reason only your name is going on the title - I wouldn't be too happy with that.
 
I would agree with OP's solicitor. OP's husband appears to still in a position to claim FTB relief. What is the relevance of his status if the title is being put in OP's name only anyway?
 
I'm guessing you have sole mortgage/sole title? According to this article on [broken link removed] he wouldn't be classified as a FTB.
 
Get the solicitor to put her advice in writing and sue her if it goes wrong :p

She may well change her mind if asked to commit to writing.
 
I would suggest that you telephone the Stamps Branch of Revenue at Dublin Castle. They are most helpful. Explain your circumstances and they will give their opinion.
 
larkin said:
We bought our 1st property, used savings, no mortgage, and put the title in my name only. Not married.

2nd property currently being bought, mortgage in my name only, title will go in my name only. Married.
Click to expand...

Your husband, regardless of whether or not he is or was your husband, and regardless of whether he has had a mortgage or had his name on the title of your first property, bought, jointly with you, a property. He is, therefore, not a FTB for this second purchase.

If your solicitor says that he is, and you wish, for some reason, him to be, then get that from your solicitor in writing.

Betsy
 
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Betsy Clark says property bought jointly whereas it seems to me that the property was purchased in her sole name. I feel question of FTB status could be affected if husband had to join in the mortgage which would be a normal requirement when property is bought in sole name of a married person
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If your husband ever buys a house and claims to be a FTB, the revenue will ask where the deposit came from. If the answer is " the sale of my wifes house", then he will be deemed a beneficial owner of your house and not a FTB.

He can only claim to be a FTB, if the purchase of the property is not funded by the sale of another property.
 
First property was bought using "savings" - OP's savings only?? OP didn't make it clear so my assumption is that the savings were joint, therefore the husband/other half had a financial interest in the property, regardless of the fact it was mortgage free and in OP's sole name.

Betsy
 
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