Thursday, December 9, 2010

How can land be mine?

My partner wants to buy a small block of land for me.

Land has to be purchased using a loan/mortgage from the bank which will be in their name only, as they are paying for it.

So, if that's the case how can the land legally be mine?


This is a relatively straightforward thing to do - despite other answers and irrelevant comments from Americans.

Your partner can buy the land in their own name, and take out a mortgage in their own name. This will make them the legal owner of the land.

You are right that for you to also be a legal owner of the land would require your name to be on the mortgage, which would make you jointly responsible to pay it off.

However, your partner can "give" the land to you without this being necessary. They simply declare a trust, stating that they are holding the land for your benefit. This makes your partner the trustee and you the beneficiary. Once the mortgage is paid off you can take full legal ownership, and if the land is sold at any time it is you that is entitled to the proceeds - of at least for them to be held and invested in your behalf.

However, there may be tax consequences of doing this - inheritance tax (yes!) has to be paid immediately on property paid into most trusts.

Your partner can put your name on the deed so that it is co-owned by the two of you. Once the mortgage is paid off, your partner can transfer their half of the land to you so you would own it completely. The lender is not going to let your partner remove their name from the deed until the mortgage is paid off as that would remove the collateral from the mortgage.

YOUR name would have to be the deed to have any claim to it

the loan on the loan doesn't matter

and until it is actually PAID OFF, it's kind of meaningless. You probably won't be able to build on it until the loan is paid

Once you complete with the legal formalities then you can be a part of that land as your partner has mentioned the name in that but until and unless you will completely get off to the loan the lad cannot be completely yours.

Me and my wife owned a lad and it was on the name of her but when i am done with the formalities of loan then only I would was able to have that land completely named on her.

I have never heard of a lender requiring someone to be on the mortgage if they are on the deed. I suppose it is possible, lenders are changing how they do business often. But if you are indeed on the mortgage, make sure you are on title (deed) as well.

I would not be part of this as it may leave you with a mortgage you don't want.To buy land with a mortgage? What is this land to be used for?All sounds a bit iffy to me but I don't know your partner or the circumstances so maybe I am being a bit cynical.

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