Parent’s house transfer of ownership to one parent
Parent’s house transfer of ownership to one parent
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Discussion

KungFuPanda

Original Poster:

4,639 posts

199 months

Friday 23rd September 2022
quotequote all
My parents are in the process of splitting. My dad is accepting a sum of money from my mum to walk away from everything. The sum of money is less than what half of the house is worth and a lot less than half of what they both owned.

Once he accepts this sum of money, he will sign over his half of the house to my mum. It was bought around four years ago so I presume is registered land. No mortgage. Held as joint tenants.


The advice I need is what is the process of transferring the house solely into my mum’s name? Will it attract stamp duty or any other fees? House is worth circa £250k.

surveyor

18,689 posts

213 months

Amateurish

8,274 posts

251 months

Saturday 24th September 2022
quotequote all
Both parties should get legal advice first

Unreal

10,688 posts

54 months

Saturday 24th September 2022
quotequote all
Amateurish said:
Both parties should get legal advice first
Yes this, there are a range of potential legal and financial complications. It's pretty unlikely to be a simple transfer of equity.

Vasco

18,009 posts

134 months

Saturday 24th September 2022
quotequote all
Unreal said:
Amateurish said:
Both parties should get legal advice first
Yes this, there are a range of potential legal and financial complications. It's pretty unlikely to be a simple transfer of equity.
Yes, I agree. It won't cost much to get legal advice but may save a lot of problems.

Jeremy-75qq8

1,746 posts

121 months

Saturday 24th September 2022
quotequote all
Don’t diy it.

They MUST have a consent agreement which is then stamped by a judge.

This finalises the financial position between then and prevents future claims. There have been several publicised cases where one partner runs out of money and goes back years later.

The only person who can finalise the affairs is a judge

Caddyshack

14,756 posts

235 months

Saturday 24th September 2022
quotequote all
Jeremy-75qq8 said:
Don’t diy it.

They MUST have a consent agreement which is then stamped by a judge.

This finalises the financial position between then and prevents future claims. There have been several publicised cases where one partner runs out of money and goes back years later.

The only person who can finalise the affairs is a judge
I think a lot of conveyancers are now very wary of this sort of thing and will push for a proper process instead of just nodding and doing what is asked of them due to future potential problems.

I am working with a couple now where the wife just wants to be off the mortgage, she will take her name off well before she gets the £50k she is due, she is happy to wait for that bit. Most lawyers do not want to touch it as she may have problems getting her 50k later….totally agree!

Miserablegit

4,440 posts

138 months

Saturday 24th September 2022
quotequote all
Get proper advice. If your father isn’t receiving consideration equal to the value of the asset there is always the possibility that anyone he might owe money to challenges the transaction.