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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.

 

 

 

 

  • Fair play, I'm just very touchy about it, and I see you are just trying to help and make sure I get it right. I apologise. It's very tough time and the law is very unfair. Thank you and please accept my best regards. 

  • Thank you. Yes, I just wanted the best for you and I also wanted to point out that you need to be careful because sometimes our best intentions get turned upside down and when dealing with anything that could have legal implications like this best to present ourselves with calm clear heads. But your feelings are also highly natural because you feel upset at what you have seen your mother go through and you need to be aware of how that upset may colour things and that you may find yourself needing support to deal with these feelings. It is a tough time for you. I do wish you well. 

  • Thank you, and thank you for your help. I will take on board what you said about being calm. One thing going for us is that he is the type of person that sticks his head in the sand, he doesn't even like to answer the house phone for fear of dealing with things. So that might go in our favour, it's not like we are dealing with an assertive strong business man.

  •  

    Hi M40UK,

    This does indeed sound like a very tricky situation. I am not a lawyer and know very little about the law. I understand that any partner in a marriage has certain financial entitlements after the death of the other partner. I don't know how ill your mum is at present or how much longer you expect to have her with you, but it sounds as if you need to sort this out legally before she departs.

    You need to see a solicitor as soon as you can, to clarify whether or not it is possible for your mum to gift the house to you and, if so, what is the best way to do this.

    Some solicitors don't charge for your first appointment. You may need to phone around to find one that doesn't. If you cannot find anyone, you are certainly entitled to ask about costs before you make an appointment. They should however be able to clarify the legal position for you, so it should still be worth the cost to find out.

    Kind regards,

    Jolamine