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Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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I want to give my house to my son so that he can raise a mortgage

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I want to give my house to my son so that he can raise a mortgage - is this possible
Thanks for your question/n .

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. Can he demonstrate income
Kind regards.

Customer: replied 4 years ago.

1. There is no mortgage on my property

2. He is a very high earner in the city and has been for many years


Thanks for your patience.

Whether or not he will get a mortgage will depend entirely on whether he meets the criteria of the individual lenders. I would suggest that you both look at mortgages and then attend a mortgage broker confirming what you wish to do and see if they would lender to him.

If they confirm a mortgage offer in principle on the basis of the property being transferred to him then you can certainly do this. If there is no present mortgage on the property then you can deal with the property as you wish, so you could certainly arrange a transfer to your son and marry this up with a mortgage in your son’s favour at the same time.

The lender will insist on a solicitor acting on your son’s behalf though because they have to have a professional check to ensure that they secure a first legal charge. They would also require a solicitor to act on their behalf if you transferred the property to your son first and then he got a mortgage so it makes sense to do it both at the same time to avoid a duplication of solicitor’s fees.

If you transfer the property to your son for less than market value then it will be a Potentially Exempt transfer for IHT purposes.

If you continue to live in the property then it will be a Gift with Reservation of Benefit for IHT purposes and if you still live at the property upon your passing then the whole of the property market value would be included in your estate for IHT purposes.

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Kind regards,

Customer: replied 4 years ago.

The situation is that my son is building a new house and needs funds to complete it - he cannot get a mortgage until the house is finished - he already has a mortgage offer on my house because initially he was going to buy it from me - however his solicitor is insisting that I give "vacant possession" and I cannot do that even tho at some time in the future I may well live in the new house with my son.


If the mortgage that he has obtained is a residential mortgage and he won't live there then the solicitor can't complete and is correct to ask for vacant possession.

The reason the solicitor is asking for this is because he is acting on behalf of the lender as well as your son. You need your son to get the solicitor to confirm what elements of what you are planning to do are in conflict with the conditions of the mortgage offer.

You then need to ask your solicitor to write to the lender to outline the elements of conflict and to request consent to proceed with those elements in mind. If they give consent then you can proceed (though you would probably have to sign the lender's deed of postponement confriming that you woudl not claim an interest ahead of their charge - straightforward).

If they don't give consent then you cannot proceed on the basis of the mortgage offer in hand and he woudl have to apply for a further mortgage with these conditions expressly stated.

Please remember to rate my answer.

Kind regards.

Customer: replied 4 years ago.

Thank you so much for your help it is making the situation much clearer for me. One other question - if I simply gave him the house would he then be able to raise a mortgage on it with me still living in it?


Incidentally the mortgage offer he already has is with the Halifax and they agreed the offer knowing full well that we would still be living here and they are not the ones making waves - it is his solicitor - or is it?


He would probably still be able to get a mortgage on it if he were to live there as well. If not then it would probably be a buy-to-let mortgage and it would depend on the lender. They may require you to enter an assured shorthold tenancy to proceed for a buy to let.

If the mortgage lender is aware that you will be living there then I woudl expect that all the solicitor would require to proceed would be for you to execute the lender's standard form Deed of Postponement.

Please rate my answer.

Kind regards


Customer: replied 4 years ago.


Oh, that's wonderful!! That's all that was bothering me - the solicitor acting for my son sent a letter today asking us to confirm that it would be "vacant possession on completion" and we could not do that. So now I know the legal way to go about it we can reply to the solicitor. THANK YOU SO MUCH - what a wonderful service you provide!! You have really set my mind at rest - my husband and I are getting on and just wanted to have it all nice and easy!!

So, thanks again and I will leave feedback


ps can I now print this all off?

Hi Sylvie,

No problem. Thank you for your kind note.

If you can print it off from your browser then do so.

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