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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33323
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Name of legal document transferring ownership of property to

Customer Question

Name of legal document transferring ownership of property to another NOT a will. I am single so there is no partner to devolve ownership to. I want to secure house within family in case severe illness means going into care.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
May I ask how old you are and what you are actually hoping to do?
Clare
Customer: replied 2 years ago.

Am a pensioner of 66yrs of age. Have suffered 2 strokes in 2012 and broke my hip last October which needed a period of Rehab after hospitalisation. Am getting gradually weaker and unstable and am frightened of having to go into care.
I live in the family house and would not wish it to be sold to pay for care. It had been left to the family in my will.
I want my niece to have it now before death so that it will still remain in the family.
I have been told there is a legal way in which I can ensure this.
Your advice, please.

Expert:  Clare replied 2 years ago.
Hi
How much is the property worth?
I assume that you wish to continue to live there - will your niece also live there?
Clare
Customer: replied 2 years ago.

Am not sure of the property's value. It is a large house with 4bedrooms. But does its value matter. I simply wish to transfer it to my niece. If I did need to go into care she would take over the house so it could not be sold to pay for care.
Customer: replied 2 years ago.

Am not sure of the value of my property but it is a large house. Niece does not presently live with me. The intention is for her to take over the property if I went into care so that it could not be sold
Expert:  Clare replied 2 years ago.
Hi
The problem is that if the only reason that you are transferring the property is to avoid care home fees then the Local Authority can and will simply ignore the Transfer and act on the basis that the house is still yours.
In addition if the house is in your Niece's name and she goes Bankrupt or is divorced then you could lose the property
Depending on the value of the property there are complicated and expensive trusts that can be set up - although there is no guarantee of success - details here
http://www.telegraph.co.uk/finance/personalfinance/insurance/longtermcare/10117822/Warning-over-care-home-trust-schemes-that-promise-to-protect-your-property.html
If you still want to have the form details please ask
Clare

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