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TNV, Lawyer
Category: Scots Law
Satisfied Customers: 1216
Experience:  Law degree with Honours, Diploma in Legal Practice
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my wife an me have been seperated for 2 years now. She still

Customer Question

my wife an me have been seperated for 2 years now. She still lives in the matrimonial home. There is no mortgage on the property as we had paid it off before our split. She wants me to sign my half of the house over to my sons name. Up until february if this year i had continued to pay most of the monthly bills for the house instead of giving her maint. money for my son. We have now sorted this out and i give her £200 per month. She pays the bills.
What are the legal implications of having the title deeds etc changed and with a few conditions hand over my half of the house.


Submitted: 8 years ago.
Category: Scots Law
Expert:  TNV replied 8 years ago.
Having the title deeds changed is relatively easy. You transfer your share in the property to your son for "love favour and affection" and there will be no stamp duty issue.

You don't say what your conditions are.

However, if your conditions are based on some form of payment then there could be future implications.

I suggest that you see your solicitor with a view to drawing up an agreement that includes your conditions and then he/she would be best placed to advise you whether there could be a stamp duty issue or not.