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Posted Fri, 01 Mar 2024 10:23:24 GMT by Knuckles
My wife and I jointly own a rental property (purchased after marriage, 50/50 split). Our intention is to change the ownership of the property so that I am the sole owner and sole recipient of income (I am freelance and part time, so this would be useful additional income for my ability to gain credit etc). We are not separating or divorcing, we just want the income to come to me only. Is this allowed and how is it best achieved? I've seen talk of Declarations of Trust, Form 17s etc but not sure how they apply in this instance. Would we need to officially change the ownership of the property to my name or would a declaration of trust/form 17 be enough? Thanks in advance!
Posted Tue, 05 Mar 2024 10:45:44 GMT by HMRC Admin 21
Hi Knuckles,
Thanks for your question.  You can own the property in equal shares but have the property income in unequal shares.  To do this you have to have sign a Deed of Trust that would give the beneficial interests of 100% of the property income to yourself.  The legal ownership of the property would then be still split 50-50 with your wife but you would be legally entitled to 100% of the property income despite your wife still owning the other half.  Please send in a Form 17 with a Deed of Trust.   
Thank you.

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