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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7617
Experience:  UK solicitor
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In 2007 I bought my sons flat for the then market price and

Customer Question

In 2007 I bought my son's flat for the then market price and have lived in it since then. At the time, my mother who had dementia has recently died. I did not want my son to have to face similar financial difficulties as I aged. Therefore we agreed to leave the property in his name. He married two weeks ago, and we both now feel that I should safeguard my home and put it into my name.

I would appreciate your advice on how to go about doing this.
Submitted: 3 years ago.
Category: Family Law
Expert:  Thomas replied 3 years ago.
Hi

Thanks for your question.

Is there a mortgage on the property?

Kind regards

Tom
Customer: replied 3 years ago.

Hello


 


There is no mortgage on the property. I own it outright.


 


Pam Williams

Expert:  Thomas replied 3 years ago.
Hi Pam,

If there is no mortgage on the property then it will be very easy to arrange. However, I would still go to a solicitor to get this done.

The reason that I would go to a solicitor is in order for them to draft statutory declarations for you and your son.

These are statements sworn under law by you both. They would explain the chronology of the legal ownership of the property (ie. it has been registered in your son's name) but explain that the beenficial ownershhip (ie. the equity) has been vested in your name).

The reason that this is important is that if your son's wife eventually remainined married to him for long enough or had children who needed maintainance and attempted to claim against the property then the statutory declarations would be a very good defence to that.

The actual change in the title name should not take more than about 2 weeks from your first meeting with the solicitor.

Kind regards,


Tom
Customer: replied 3 years ago.

Thank you very much. That is very helpful and I will rate you accordingly. Would you be able to tell me what sort of solicitor I need e.g. is it someone who does conveyancing or otherwise?

Expert:  Thomas replied 3 years ago.
Hi,

A property solicitor would be able to do the conveyancing for you, but I would choose a medium sized high-street firm so that they can consult with a family/litigation solicitor as to the appropriate statutory declaration content.

Kind regards,


Tom
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Customer: replied 3 years ago.

Hello Thomas


I was very happy with your information. However, when I went to a solicitor in Purley this morning he said the matter was extremely complicated and would involve one solicitor to represent my son, one to represent me and then even so was complicated. Indeed, he did not know if it could be done and felt the best thing would be for me to sell my home and then hope my son would give me the money i.e. the £160,000 that I had "gifted" him - even though the property is now worth £285,000. In short, it is all a bit of a nightmare that I certainly wasn't prepared for. Pam Williams

Expert:  Thomas replied 3 years ago.
Hi Pam,

Well, if the solicitor has taken your direct instuctions in a one-on-one face-to-face interview then I would trust what they say. This is a question/answer site and it's not a substitute for direct/specfic instructions with a local solicitor.

It does seem to me that "hoping" that your son gives you the money is a bit risky though really. I would prefer some sort of statement as to who had shares in the equity from the beginning if this was the genuine situation...

Tom