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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.

 

 

 

 

Parents
  • You may find that it goes smoothly and your stepfather doesn't contest anything, but equally it could turn messy and the best person to advise is a solicitor.

    Also ask a solicitor or accountant about inheritance tax, because if a large gift is given and the donor doesn't survive a further seven years then there could be inheritance tax to pay on that gift, even though it was made before death. These gifts are called "Potentially exempt transfers", if you're wanting to look it up yourself.

    In my completely non-expert opinion, the smoothest path would be if your mother and stepfather first moved out of the house into other accommodation, then later your mother gave you the house. That way, she is not kicking your stepfather out of the family home.

  • Thank you for the reply, unfortunately my mum wouldn't move out, especially now as she's so ill. I will just have to hope it goes smoothly, although I can't see where he would find the massive court costs anyway IF he decided to fight it.

  • Hmm. You say that your mother is leaving your stepfather some money in her will. Perhaps a solicitor could advise whether this could be left to him "provided he does not contest the house transfer, otherwise he gets nothing", or some condition like that. But I don't know if the law allows such conditions or not.

  • That's a very good point you've made there! Didn't think of that one. Might have to mention that. Thank you!

  • 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.

Reply
  • 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.

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