Credit Rating Tied to Home Equity Ownership

I have a friend getting divorced who thinks that his consumer credit score will deteriorate unless he maintains at least 50% ownership of equity in a home after divorce. He intends to continue paying the mortgage on the home and claiming the mortgage interest deduction, which apparently he can legally do even if he owns 1% of the equity.

He wants to gift the home to the ex-wife after the mortgage is paid in full, but of course that is a tax disaster, since after 10+ years the gift of his equity in the home would be a gift to the wife and probably taxable as ordinary income. If he gifts the equity (or much of it) now then she gets that tax free at the time of divorce.

To the extent that he gifts home equity at the time of divorce and maintains a 10% equity ownership in the home and his name on the mortgage, wouldn't he still get a similar credit score just by virtue of his owning a home and having a successful payment history on the existing mortgage? I'm trying to understand if there isn't a way for them to both get what they want here: the wife wants the equity with minimum tax impact, and the husband wants to maintain his credit rating tied to his being a home owner.

Reply to
W
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I guess the value of this equity gift in excess of the exclusion ($13K) would be subject to gift tax to the giver, not the receiver.

- W

Reply to
W

I think your friend is NUTS, but what do I know. Credit scores are based on several things, percentage of credit available over credit being used, payment history, apparent ability to cover debt payments and other things. BUT I am NOT aware that OWNING anything has any real impact at all.

In fact, in this particular case holding on that house could NEGATIVELY impact his credit score. Remember, he'll be considered obligated on that mortgage which could very likely limit his ability to get credit since the mortgage amount will be considered obligated.

Not so fast, d'Artagnan!

He can claim the mortgage interest on his primary and secondary HOMES. If he isn't living there, at least part time (like a vacation home), I'm not sure it matters what percentage of the house he owns really matters.

I think you are correct that he can own as little as 1% of his HOME and deduct all the interest if he pays the entire mortgage, but that is substantially different than what you outline.

I'm starting to think you're in over your head, but maybe your not a tax pro and just a pal trying to help a friend.

If the house transfers to the wife WITHIN SIX YEARS of the divorce it will be considered a property settlement pursuant to a divorce - NOT a gift.

Your friend needs professional help - the kind of which he will NOT get from the average attorney, or accountant for that matter. He needs to speak with a credit specialist, but not necessarily the average kind since most of what they do is work with folks with credit problems.

Have him to go to

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This site is run by TransUnion. He can get his credit score and he can use their Credit Simulator to see what might happen to his credit score when he does things that could impact his credit.

Good luck, Gene E. Utterback, EA, RFC, ABA

Reply to
Gene E. Utterback, EA, RFC, AB

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