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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I own 75% of a shared ownership flat. Would it be possible

Resolved Question:

I own 75% of a shared ownership flat. Would it be possible to put my share into my son and daughters name?
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.

Hi

Thanks for your question.

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

  • 1. Do you have a mortgage on the property

Kind regards.

Tom

Customer: replied 2 years ago.
no mortgage
Expert:  Thomas replied 2 years ago.

Hi,

 

Thanks for your question.

 

In that event there is nothing preventing you from transferring the title in to the names of your children's unless there is any clause in your specific lease that dictates who you should sell it to or whether there is a clause prevent a transfer of title to you relatives (though I would not expect there to be).


There will likely be a provision in the lease which states that you should give notice of registration (for a change of ownership) to the freeholder housing association. You will have to check with the association to see if they have a standard form document for this. There will be a small registration fee of (approx.) £50.00.

 

If you continue to live at the property then the value of the house will still be included in your estate for IHT purposes as you will be reserving a benefit (ie. Living at the property) following the gift.

 

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 2 years ago.
I am 59 and dont particularly want my kids to lose their inheritance i e 75% of the flat for reasons of if i have to go in a home to be looked after (im well now), but can envisage the problem of my share having to be sold, hence kids losing their inheritance, sorry should have made that clear. The property as a whole is probably worth in the region of £100,000
Expert:  Thomas replied 2 years ago.

Ok, that's obviously quite different from your original question.


A transfer of title does not prevent a local authority from claim against it, the courts have wide powers in this regard to set aside the transaction. Were you to transfer the title, stop living at the property then not require care for a considerable time then the chances of them claiming against the property would be remote.

 

Were you transfer the title, remain living at the property and not go in to care for a long time then it would be more difficult for them to claim the property.


The law is developing in the area but simply transfer the title and having care soon after (not that I'm suggesting you would but as a consideration) would not do the trick, everyone would be doing it if it did.


Trust this clarifies, please click accept.

Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6396
Experience: BA (Hons), PgDip, Practising Solicitor
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