This discussion has been locked.
You can no longer post new replies to this discussion. If you have a question you can start a new discussion

Mum dying of cancer - gifting house.

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.

 

 

 

 

  • To be clearer. I don't think he could claim the whole house. I think what solicitor is saying is he could have a beneficial interest. Beneficial interest can be earned by being in a house over a long period, being married, having done work to improve house in some way - renovation, installing anything, gardening perhaps, lots of things could potentially count. Not sure what exactly. Solicitor would have to advise.

    So the argument would be the beneficial interest applied before the transfer took place and your mother transferred something she no longer had exclusive interest to and wasn't at liberty to do the transfer therefore? But I'm not a lawyer so can only flag up potential risks/arguments. I don't know how this one would be argued because I don't know the full circumstances and don't have legal training though I have had to look things up because I myself am at risk of homelessness because I don't own the property I currently live in (and have done for many years). Personally I don't care about ownership and wouldn't contest a will - it can go to the children. But I'm not being thrown out of somewhere I've lived for years in a hurry. There needs to be time to grieve and get oneself together and courts are there to protect people not put them on the street.

  • You do make some good points, and I am grateful for your replies. Maybe by leaving him a nice little sum in the will and me not kicking him out immediately will help. Although after the way he has treated and sponged of my mum he deserves nothing. They have been married 23 years and I worked out if he had just given her £200 a month to help pay the bills he now owes her £64,000! He should be giving her money! 

  • Oh dear, this all sounds a nightmare. I can't advise what would happen. I guess people might consider whether your stepfather were vulnerable. Someone could potentially take over running the place for him if he wasn't capable on medical grounds - appoint a trustee to manage things and pay bills so he would only get a little pocket money. I really don't know how it would work. It's far too complex. Good luck!

  • He's capable from a physical aspect, very capable. Just financially inept. I'll find a way of booting him out don't worry. He's treated my mum poorly even during her cancer. I have no compassion for him. My poor mum was used by a leech. He won't get the home. He just won't. Plus he has lots of family nearby, he can go and live with them and be a sponge. 

  • hello,

             if you are making your stepfather homeless and he has no assets,l think you may find he can claim legal aid to pay his costs,whereas if you have assets ,you will be liable for your own costs. Others have pointed out this will not be straightforward and could get messy,and l agree.l hope for both your sakes you do not end up in court since its the legal profession  and capital gains tax that have the potential to benefit the most from any legacy.

                                                           good luck,

                                                                          david

  • He won't be homeless, he'll find somewhere first

  • What if he refuses? Or moves out claiming he was forced out under duress and then makes a compensation claim because you had ownership of something that he should have had partial ownership of? You know him best. But beware of pitfalls and the need to treat people humanely especially after a death. Also there is the argument that your mother has over the years contributed to your stepfather's dependency by allowing it to continue. Those kind of arguments do get used in court. I understand where you are coming from and how much this situation is upsetting you. But the best thing if your stepfather were so awful might have been for your mother to divorce him years ago. The fact that she didn't would have been her choice. Whatever your stepfather's irresponsibility with money - there are many like him - it doesn't take away the fact that he has lived in this property for a long period, it is where he is accustomed to being, and your mother may have some responsibility to provide for your stepfather (despite his wantonness) as long as she remains married to him – if I understand the law correctly. But again I'm not an expert and these are complicated points.

  • Hello,

            l realise you are not really happy with your stepfather,but a lawyer acting for him would point to a 23 year marriage as not portraying a disastrous relationship,and l could not see how he would not have an entitlement if he chose to persue it.l assume he played no part in your childhood upbringing, since if that were the case it would strengthen his position.As others have pointed out there is limit on assets passed on,so it would depend on the size of your mothers bequest if tax was liable,but l believe a normal house would come in under the threshold.l also assume that some discussion has taken place between him and your mum to come to some kind of arrangement,rather than your presenting this as some form of fait d complait.and he is willing to leave the family home and see it transferred to you.

                                          You need a good solicitor and legal advice to see exactly how you stand in law and how to proceed correctly,

                                                       hope it works out well,

                                                                                          david

                                               

  • I think the fundamental point the lawyer has raised is whether your mother has full title to the property now and can transfer title without your stepfather's knowledge/permission. If there is an accrued beneficial interest then just because your mother's name is on the deeds might not reflect what would now be considered to be the case regarding ownership after a marriage of 23 years with your stepfather having done some work on the house.

    Arguing that your mother no longer had full title could be the source of any subsequent compensation claim. When people are married can determine ownership proportions and assets can be redistributed by court even after a death (even taken away from someone if wrongly given away potentially, I think). Has the solicitor advised whether there could be retrospective redistribution? I don't think you are fully appreciating how messy this could get.

    Also just because you deem your stepfather inept doesn't mean all his associates and family are. Would people push him to claim to avoid him sponging off them (as you claim he will do). What if his family refuse to have him? So much to consider here. 

  • hello again,

                      l also believe there is a difference in tax liability between assets passed on from somebody living and those upon death,but your solicitor should make you aware of the difference