So this is the saga and I would like to know all options that an accountant or lawyer might not think of.
My husband's parents have a property that has a base value of $500K. The property has been remortgaged and there is currently approximately $70K remaining. Due to the mum having credit card debts, she is unable to maintain the mortgage repayments. The mum is employed and the dad is retired and on a pension. Both are on the mortgage but only the dad is on the title.
The dad's idea is that the son and another daughter take over the remaining mortgage (I'm not sure if this is possible) and transfer the title over to them. I know that a title transfer ill incur stamp duty, which on this property will be about $21K. A life interest will be placed on the property, so the parents can stay there. The property will be subdivided and sold when they no longer live there.
This possibly means that a loan of about $91K will have to be taken out. Which is getting a bit high as both parties have mortgages of their own.
What I want to know is:
1. Is it possible to just take over the remaining mortgage and have a title transfer occur? Would there be anything blocking the transfer since the mum has large credit card debts.
2.Is it a better option that the mortgage gets refinanced in the dad's name alone with son and daughter as guarantors and the dad leaves the property in the will to son and daughter, so to reduce stamp duty. I know there would be CGT on that though.
3. what other options are there that would keep costs down?
Many thanks in advance for any advice!
My husband's parents have a property that has a base value of $500K. The property has been remortgaged and there is currently approximately $70K remaining. Due to the mum having credit card debts, she is unable to maintain the mortgage repayments. The mum is employed and the dad is retired and on a pension. Both are on the mortgage but only the dad is on the title.
The dad's idea is that the son and another daughter take over the remaining mortgage (I'm not sure if this is possible) and transfer the title over to them. I know that a title transfer ill incur stamp duty, which on this property will be about $21K. A life interest will be placed on the property, so the parents can stay there. The property will be subdivided and sold when they no longer live there.
This possibly means that a loan of about $91K will have to be taken out. Which is getting a bit high as both parties have mortgages of their own.
What I want to know is:
1. Is it possible to just take over the remaining mortgage and have a title transfer occur? Would there be anything blocking the transfer since the mum has large credit card debts.
2.Is it a better option that the mortgage gets refinanced in the dad's name alone with son and daughter as guarantors and the dad leaves the property in the will to son and daughter, so to reduce stamp duty. I know there would be CGT on that though.
3. what other options are there that would keep costs down?
Many thanks in advance for any advice!