How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6375
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

can i put my quarter share of the house (even though its a

Resolved Question:

can i put my quarter share of the house (even though its a mortgage debt) in the names of my children. My ex partner and his father are trying to get me to take my name off i want to leave it to my children as its all i have to leave to them at the moment. i have not lived at the property for over two years, but i paid half of the mortgage every month when i lived there (two years) thanks. When we went onto the mortgage his parents already owned the house. We had a young child and they naturally wanted to help us out and get us on the ladder. During my second pregnancy my partner was cheating and when my son was 8months old, i found out and decided i wanted to split. I found rented accomodation where i live now. His mother also died of cancer just before i found out and they are saying that while my name is XXXXX XXXXX the mortgage its stopping my ex from gaining her share that she left to him. I do not want to stop that so i cant see how i am by keeping hold of my share. Obviously a child cannot go onto a mortgage so how could this work, also because i havent actually paid the mortgage since i left is there a strong position that they could be in in pushing me out as he is threatening. we have joint custody of the children and have been amicable until now, i would like to keep it that way if possible. i dont know if this is relevant but the house is worth around 270,000 (that was the mortgage taken out) and ours was for half. I dont know what had been paid off regarding his parents.
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • Who is actually named as the registered propretiors of the property?

Kind regards.

Tom

Customer: replied 3 years ago.
myself, my ex partner, his father and his mother (now deceased, her share being left to her son, my ex partner) all four of us are on the mortgage and own the property. Thanks. Sarah.
Expert:  Thomas replied 3 years ago.

Sarah,

 

Is your question therefore - "can I transfer my interest in the property that I now hold to my children so that they then own the property?"

 

Kind regards,


Tom

Customer: replied 3 years ago.
there are quite a few questions really, that is one of them as an option i had thought of as they are pushing me to take my name off of the mortgage and therefore release my part of the property to them. Can they make me do anything? Is this stopping the wishes of my exes mother. where does the law stand on being named on the legal documents as a share holder in the property although i am not paying towards it.
Expert:  Thomas replied 3 years ago.

 

Hi,

 

Thanks for your question.

 

I assume you are registered as tenants in common and not joint tenants.

 

If you are named as registered proprietor with your ex-partner and his father then they will require your consent to any transfer because you would have to sign the Land Registry Transfer form. If you are not willing to do this then they would have to apply for an order for sale of the property.

 

In the absence of any trust document to the contrary the presumption is that you own in equal shares, so there would be a presumption that you own 25% (with your ex-partner's woman passing to your ex-partner). This can be rebutted to an extent if you are not paying any of the mortgage payments , but it is not easy and it would require litigation by your ex-partner and his father so you should not agree to transfer without receiving a fair price for your equity.


You cannot transfer your interest to your children at the present time because in order to do so the mortgage company would have to consent to the transfer and they are not likely to do this. The transfer cannot be registered without their consent and children are not permitted to own a title in land if under 18. What usually happens is that the property is written in trust for them by the parents in the form of a bare trust.

 

You are of course free to write your Will so that your interest passes to your children upon your death. It would be held on trust for them until they are of age.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Customer: replied 3 years ago.

is any of this stopping the 25% owned by the deceased going to the relevant party i.e her son. Is it not possible to carry out her wishes regardless of my position? His father says its stopping him making a new will (as he is about to re-marry and wants to sort out his estate).

Are you saying in effect there is nothing i can do except make a will out for my interest to be passed to my children in the event of my death.

Therefore my name remains there and nothing changes from as it is this day.

The house is also a dwelling for my children as their father resides there so i would not want to make the foreseeable future of the house unstable by requesting money for my share through forcing a sale. (if that is something i could do?)

 

Expert:  Thomas replied 3 years ago.

Hi Sarah,

 

The deceased's Will stipulates who it should go to, if it states that it should pass to your ex-partner then it should, but the mortgage company will need to be notified.

 

Yes, I'm saying that you cannot transfer your interest at the present time to your children because there is a mortgage on the property which prevents a transfer.

 

You could apply to Court for an Order for the sale of the property, this would (I should have thoguht) then precipitate an offer to buy your share from your ex-partner/his father which you would be free to accept/reject. The children's welfare would be the most important consideration of the Court in deciding whether to make an order for sale.


I trust this clarifies, if so please click accept.


Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6375
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Property Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience