Right to acquire - transfer of equity

[Antonio1985]

Bought a house with partner in November 2018 with my partner via the right to acquire. As it stands we are are still within the 5 year period where we would have to pay back some of the discount if we sold it (and offer it back to the housing association.) As it stands we both have 50% stake in the house.

If I was to seperate from her and she was to be transferred my 50% equity and become 100% owner, would that be classed as a 'sale' for the purpose of right to acquire?

I know there's been threads about transfers between family members. This is different that it is an existing owner increasing their stake, rather than someone new, if that makes sense. Don't know if that makes a difference.

Any help would be appreciated. I will speak to the housing association but not expecting an answer from them any time soon.

[dslippy]

Look at the exact wording on your title

[Antonio1985]

Transfer of equity. So it's classed as a sale (for the purpose of right to buy/acquire regardless of any other factors?

I thought it might be seen as different then selling it on the open market, or transferring the equity to someone other than her.

If that's the case then I'll just wait till November 2023.

[atticus]

Transfer of equity. So it's classed as a sale (for the purpose of right to buy/acquire regardless of any other factors?

Antonio: that is why you have been advised to look at the terms of the agreements made at the time of purchase. The devil really is in the detail!

[Antonio1985]

Thanks. I appreciate that. I might ask the seller, (the housing association) but I'll probably just get passed around then some non committal sitting on the fence answer back. Doubt I'll be able to dig the papers out and look at them without her questioning why. So I'll stick it out till November 2023 and get the ball rolling then.

Thanks to you 2 who replied and apologies for my daft question.

[Antonio1985]

My title refers to paying back discount in relation to section 155 of the housing act 1985. This mentions exemptions which brought me to Section 32.

Under section 39(2)(c) of the Housing Act 1985, a person is a qualifying person in relation to making the disposal of a Right to Buy property exempt from the right of first refusal and repayment of discount provisions if "he is a member of the family of that person or one of those persons and has resided with him throughout the period of twelve months ending with the disposal."

We are not married but does that mean we should be exempt from paying back discount if I continued living here in the 12 months prior to disposal?

[atticus]

By reference to what you have just said, you need to be considering whether the person in question is a family member. Start by looking at any definition of family or family member in that Act.

[Antonio1985]

Found this about family members:


113Members of a person’s family. (1)A person is a member of another’s family within the meaning of this Part if—
(a)he is the spouse [F1or civil partner] of that person, or he and that person live together [F2as if they were a married couple or] [F3civil partners], or
(b)he is that person’s parent, grandparent, child, grand-child, brother, sister, uncle, aunt, nephew or niece.
(2)For the purpose of subsection (1)(b)—
(a)a relationship by marriage [F4or civil partnership] shall be treated as a relationship by blood,
(b)a relationship of the half-blood shall be treated as a relationship of the whole blood,
(c)the stepchild of a person shall be treated as his child, and
(d)an illegitimate child shall be treated as the legitimate child of his mother and reputed father.

1A applies to me. Not married but live together like we are. The only problem would be we might not be living together at the point that the transfer would go through. For example, break up in September but by the time transfer of equity is completed, it might be December.

I thought that having the other 50% would matter, clearly it doesn't.

[Antonio1985]

Any thoughts on the above would be greatly appreciated