Mortgage, First Time buyer stamp duty & Family Law

Iago

Not sure if this is more suited to accom & property or here, but I think I'll get more valid opinions in this forum though.

If someone was to buy a house and then subsequently get married what family law rules apply in relation to mortgage switchovers.

e.g. A guy buys a house and then meets a girl he likes, they get married, she moves in and they decide to switch the mortgage to a different provider. Can the mortgage stay in just the guys name, or do the mortgage and deeds have to be switched to joint names as it is now classed as a "family home"?

If it's switched does that mean that the girl can no longer avail of the no stamp duty for first time buyers benefit, even though she didn't actually purchase the house in the first place?

thanks.

Jo King

If there is a re-mortgage the girl will have to give her consent as per the Family Home Protection Act.. There is no need for her to be made joint owner at this time, although it makes things easier if she is, from the point of view of succession. There is no stamp duty applicable to transactions between husband and wife in respect of a family home. Unless the couple separate the girl will never have first time buyer status.

Iago

That's what I thought, thanks for the reply.