We wish to sign over our house to our children to avoid having to sell it in the avent of our going into care? If we can,how can we do this?
Province/Country relating to question : Cheshire
HiThanks for your question .For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-1. Is there a mortgage on the property 2. Is there any evidence that either of you will need care in the futureKind regards.Tom
2.Not at this time. But we understand that a house has to be signed over for 7 years to be legal? Is this correct.
HiThanks for your reply. If there is no mortgage on the property then you can physically transfer the property to your children. The local authorities have wide powers to apply to court to have transactions set aside if it becomes apparent that the key reason for this is in order to deprive others of care home fees. Just because a property has been transfserred to others 7 years ago does not mean they will not be able to set it aside, there is no time limt.Generally, in order for the to be successful in setting aside the transations they have to prove the foreseeability that care will be needed for you. If you are both fit and healthy and there are no present underlying conditions that indicate a likelihood that you will require care then the local authority would be on much shakier ground seeking to have the action set aside. If you are considering transferring the property then you should certainly collect documentary evidence now confirming that you are fit and healthy with no underlying conditions. If you do transfer the property you would do so accepting the possibility (the possibility) that a local authority mght choose to challenge it later. A challenge at court can be expensive and stressful so you should take this in to account as well. A solicitor would arrange it for about 200gbp+vat. If you still wish to proceed in view of this then you can arrange it yourselves if you wishYou can download a copy of the register for your property from the land registry's search engine to find the title number :-http://www.landregistry.gov.uk/wps/portal/Property_SearchEnter the postcode for your property and if it is registered it will give you the option to download a copy of the register.You will have to draft a Transfer (form TR1) from you to your children (which you will both have to sign as a deed (ie. witnessed) and you can download the template form from the land registry's website. You will have to submit this to the land registry with their form AP1, this is also downloadable from the website by selecting from the "Forms" tab:-http://www.landregistry.gov.uk/public/forms You will probably have some questions on completing the form but the land registry's customer support service are very helpful to lay persons. A fee will be required and you can also ask them about that.You will both also have to download an ID1 form from the above for each of you. Complete this then take it to a solicitor to certify for £10 and submit this with your AP1 application. Please note that if you remain living in the property following the transfer then it will be a gift with a reservation of benefit and the whole of the value of the property would be included in your estates for IHT purposes.Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question. If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”. Kind regards,Tom
Is there any further information you require?Please remember to rate my answer. I just want to ensure that you are satisfied.Kind regards,Tom
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