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RE: Deed of Assignment – Income and Expense Responsibilities
Hi,
Thank you for your response—points 1, 2, and 3 were very helpful.
I would like clarification on the statement:
"To register a beneficial interest in a rental property, you must prepare a Deed of Trust, not a Deed of Assignment."
From previous discussions and legal advice, I understood that a Deed of Assignment can be used to assign a beneficial interest in a rental property, particularly where:
* The property is currently solely owned by one spouse.
* The legal owner remains unchanged.
* The goal is to transfer rental income without altering ownership or the mortgage.
There are HMRC forum discussions where a Deed of Assignment has been suggested as an appropriate method for assigning beneficial interest and rental income. For example: Deed of assignment - Community Forum
Can you confirm whether a Deed of Assignment is a valid method for transferring beneficial interest in rental income, or does it have to be a Deed of Trust? If so, could you clarify the distinction in HMRC's view? Many thanks. -
Deed of Assignment – Income and Expense Responsibilities
Hi, I’m looking for general guidance on implementing a Deed of Assignment for rental income. I understand that a deed of assignment can be used to transfer beneficial interest in a rental property, and that income should be declared in line with the assigned shares. I have one being drawn up professionally at the moment. I’d appreciate clarification on the following points: 1. Should rental income be paid directly into the assignee’s (spouse’s) personal account, or can it be received into a joint account? 2. For allowable expenses (e.g., repairs, management fees), does HMRC expect these to be paid directly by the assignee in line with their beneficial interest, or is there flexibility? 3. Where the legal owner remains solely responsible for the mortgage, how does this affect expense claims in relation to the rental income split? I understand that HMRC cannot provide personalised advice, but any general guidance or links to relevant HMRC documentation would be greatly appreciated. Thanks!