Gifting house to child issues

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M40uk

New Member
Hello, my mother is ill and wants to transfer the deeds of the house into my name (I am her only child) she lives in the property with my stepfather.



She has paid off the mortgage and is the sole owner. My stepfather has not contributed financially nor is her on the deeds.



We are aware it is possible to transfer the deeds to my name so I will be the legal owner. She doesn’t want my stepfather to inherit it.



A solicitor advised us that he could take it to court after she passed as he has beneficial interest.



My mother also doesn’t want to make a clause that allows him to live there until death as this will mean my hands are tied and I cannot sell it if I needed too or rent it out etc.



He doesn’t work and is in on a pension and is very irresponsible with money and he would also struggle to pay the monthly bills anyway.



I am aware that if the house is transferred to my name and I am the sole legal owner he could still take it to court if he wanted to. My understanding is that it would cost ALOT of money to do this, and he is pretty much skint. Especially if I defended it. I personally don’t think he would contest it but anything is possible.



So my main question is, what is the best way to safeguard that the house will be mine, transferring it to my name now or leaving it in the will? I understand neither way is watertight, BUT which is the better option of the two? OR is there another way of doing this that’s better?



Some points to consider if they hold any weight at all.



My mother will leave him some money in her will.



He has never contributed to the mortgage which my mum has paid off.



As bad as it sounds he has never contributed to the running of the house, paying for bills etc. In fact he often got in debt with his credit cards from irresponsible purchases.

Kind regards
 
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diyhelp

Active Member
While I fully understand your situation, the fact that your stepfather lives in the property will, in my view, undoubtedly mean that he has a beneficial interest in the property and it cannot simply be gifted away without his consent. Surely he must also have a legal right to stay in the property in the event of your mother's death?

This all looks very messy but I think the suggestion that he has not paid towards the property or the mortgage, and therefore has no interest, is a red herring and will not hold up in court.
 
M

M40uk

New Member
was
While I fully understand your situation, the fact that your stepfather lives in the property will, in my view, undoubtedly mean that he has a beneficial interest in the property and it cannot simply be gifted away without his consent. Surely he must also have a legal right to stay in the property in the event of your mother's death?

This all looks very messy but I think the suggestion that he has not paid towards the property or the mortgage, and therefore has no interest, is a red herring and will not hold up in court.
Yea probably a red herring like you say. There are some things we can do as a solicitor pointed out. So big sigh of relief! Thank goodness for solicitors.
 
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diyhelp

Active Member
I would be interested to hear what your solicitor said because everything I read suggest that your stepfather has a beneficial interest in the property, whether or not he has contributed financially, but your solicitor seems to be saying otherwise?
 
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M40uk

New Member
Yes he has interest, but there are ways to put obstacles in the way to make it more difficult to make a claim. I’m not saying he can’t I’m saying there are ways. And it can one hundred percent be gifted without consent. YES he can make a claim. Easy? No.
 
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Longterminvestor

Administrator
Looking at this from a purely legal angle, how is it that your stepfather appears to have so little legal protection and faces the prospect of eviction from his family home?

This is by no means a judgement on the situation but I am intrigued as to how someone who would appear to have a beneficial interest can effectively be ignored by the legal system?
 
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M40uk

New Member
He’s not been ignored, I’m just saying that obstacles can be put in the way so it’s harder to make a claim. And he would never be evicted without somewhere else to go. We are not cruel. Unlike him who refused to help pay bills, get into debt so he can buy toys and then let my mother pay debt collectors, and then he got in more debt to buy expensive toys. Who’s cruel?
 
F

FWL

Member
Ah right, you are casting a whole different light on the situation. It appeared from your first post that you were looking to evict him with nowhere to go. However, now you have added to the scenario I can see where you are coming from and you natural instinct to protect your mother and her assets. What can you legally do to make it harder for him to lodge a beneficial interest?
 
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