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.
sorry for the long post and thank you for any advice etc in advance. Kind regards.
