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Posted Wed, 06 Mar 2024 13:18:56 GMT by OJC22
My husband and I bought a property when we were first married and owned it 50/50. Some years ago we started to rent it out and for tax purposes we changed land ownership through a solicitor to 99/1 as I was part time and my husband was a higher tax rate payer. We would like to adjust the ownership to 92/8 now as I have increased my hours and my husbands job has stabilised. I'd like to know if I can do this for free myself or whether I need to pay a solicitor to do it as it's not clear what I need to do from reading the forums. Do I need to change the land registry or can I just fill out a form that tells HMRC? Help would be most appreicated.
Posted Thu, 07 Mar 2024 11:48:04 GMT by HMRC Admin 5 Response
Hi OJC22

Thank you for your question. You can submit a fresh Form 17 delcaration of unequal shares in the co-owned property which will supersede the previous arrangement but it will require a witness declaration.
The choice to do this through a solicitor is yours. I would also see if the Land Registry website requires notification. 

Thank you
Posted Thu, 07 Mar 2024 13:17:20 GMT by OJC22
We need to complete form 17 and provide a declaration? In the form of a deed of assignment? Is that correct?
Posted Thu, 07 Mar 2024 13:34:26 GMT by OJC22
In another post HMRC said this: "The property will have to be taxed on the same proportion that they own the property". This would suggest that the actual legal title of the property would need to split through land register? No?
Posted Tue, 12 Mar 2024 09:48:21 GMT by HMRC Admin 8 Response
Hi,
You will need to complete a Form 17 and provide evidence to support the uneven split of benefiticial interest, for example a deed or decleration of trust.  
Once the form 17 has been reviewed you will declare the split of income as stated on the Form 17.
Further information can be found at:
TSEM9842
TSEM9851
TSEM9520
Thank you.

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