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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33516
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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Hi, I am in my forties and my boy-friend, who is married,

Resolved Question:

Hi,
I am in my forties and my boy-friend, who is married, is in his fifties. He has just bought me a house outright, which is in my name only. His wife does not know about this or us. If he dies and is still married can his wife claim my house or part of? Does the situation change if he is divorced? I understand that if he dies within 7 years of the purchase I will be liable for capital gains - is that correct? How would HMRC get to know about this and would his wife be privy to this information?
Thank you.
E.T.
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.
Is there clear evidence that this was an outright gift
Clare
Customer: replied 2 years ago.

Hi,


What sort of evidence do you need?


Enez

Expert:  Clare replied 2 years ago.
HI
It is rather what YOU need
In the event that anything happens to your partner then you need the evidence that the property was meant as a gift to you with no chance of his later demanding that the property was returned to him
This will also protect you in the event that your relationship ends for any other reason.
If he dies within 7 years then the value of the gift will be counted as part of his Estate for Inheritance Tax purposes - and it will be discovered by the Executors tracing the assets of the estate
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare,


Thanks for the info.


What format and/or wording does the evidence need to be


in re the property is a gift? Does it need to be witness signed?


If I have that does it totally protect me from his wife making a claim?


It is getting rather late does somebody else pick this up tomorrow, if


I have any further questions?


Regards,


Enez

Expert:  Clare replied 2 years ago.
Hi
A simple letter from him confirming that he means the property to be an outright gift to you with his having no further claim on it whatsoever should suffice
Nothing can ever totally protect you - but she will find it hard to convince a court that she has any interest in the property if you also have this
Clare
Customer: replied 2 years ago.

Hi,


Sorry about this but does the letter have to be witnessed?


I'm crossing all the t's. Is there anything else I need to do?


Regards,


Enez


 

Expert:  Clare replied 2 years ago.
Hi
If you wish to be ultra cautious he could visit (alone) the solicitor who dealt with the conveyancing and deal with the matter there
Clare
Customer: replied 2 years ago.

Thanks for all the info it has been very helpful.


If my boy friend and his wife divorce and he has already


written the letter, you suggest, what would the situation be then?


Can she claim the house and/or monies to the value of the house?


Enez


 

Expert:  Clare replied 2 years ago.
Hi
His wife will not be bale to claim the house from you - but she may be able to make a claim against him to account for the money spent
Clare
Customer: replied 2 years ago.

sorry not ignoring you been ill.


This generous gift is becoming a headache. I am disabled, for a variety of reasons I could not move into the house so I let it. I have submitted a closure of my ESA as I am receiving rent.


If I want to live in the house when the tenant leaves may I claim ESA or does ownership preclude that.


Alternatively if I sell the house after a year will I be liable for any Capital gains tax? if so what sort of percentage


thank you

Expert:  Clare replied 2 years ago.
Hi
IF the house rises considerably in value then you may be eligible for CGT
You can read about allowances here
http://www.hmrc.gov.uk/rates/cgt.htm
Clare
Customer: replied 2 years ago.

thank you for swift response and info.


how do I stand with owning a property , can I claim ESA if I am not working or receiving any income


Thank you

Expert:  Clare replied 2 years ago.
Hi
Yes you can
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33516
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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