QUOTE(Immortal_00 @ Nov 22 2017, 05:20 PM)
Need help.
My husband has a house under his name, loan also under his name. We need cash to settle debts so planning to refinance house under my name. Please advise what is the best solution for this.
1. Refinance house under my name. I currently have a joint loan with my dad, but house not under my name.
2. I buy the house from my husband as sub sale.
Please advise which is best solution and cost effective.
Thanks alot
QUOTE(hanhanhan @ Nov 22 2017, 06:40 PM)
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refinance ur husband's house under your name.
stamp duty from husband to wife is RM10 only.
then you take loan to refinance.
is the house still currently attached to an outstanding loan, if yes then @hanhanhan's step is flawed.
you can only transfer when the property is free from encumbrances and in order to free the property, you need to redeem it from your husband's bank and to redeem it, you need to pay to your husband's bank the outstanding loan in full.
so, if you want to "buy" the property from your husband then you need to do a sale and purchase agreement and you need to submit the sale and purchase agreement to the bank to apply the necessary loan.
with the sale and purchase agreement, the RM10.00 stamp duty exemption will not be applicable because now, the consideration is no longer "love & affection" but for monetary value (hence commercial transaction).
if the property is presently free from encumbrances then @hanhanhan's approach can be taken.