How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ukfamilysolicitor Your Own Question
ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1261
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
74916426
Type Your Family Law Question Here...
ukfamilysolicitor is online now

I wish to help my daughter to buy a property, but she is

Customer Question

I wish to help my daughter to buy a property, but she is married, how do I gift it to her alone, just in case they split up?
Submitted: 1 month ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 month ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- how long has your daughter been married for?

- do they have matrimonial assets? House, pensions, savings etc.?

- do they have minor children?

- will the money be repaid to you?

Kind regards

Caroline

Customer: replied 1 month ago.
Hi they have been married 2 years, and have a baby 11 months old, they have no joint assets, the currently rent a property.
I would like to gift £20 k to them but worry if they should split up!
Expert:  ukfamilysolicitor replied 1 month ago.

Hello

Thank you for your response.

Please accept my apologies for my delay in responding to you.

What you need to know is that if you gift the money, no matter how you do it, then any such gift would be counted as a matrimonial asset if they were divorce. Family court Judges have really wide discretion and can look behind any such arrangements as to whether the money is actually a gift and if it is deemed to be a gift then it will be a matrimonial asset.

In reality, if they were divorce, then a court would likely order that as there wouldnt be enugh equity in house bought to rehome your daughter and grandchild that any share of the equity for the husband should not be realised until the child reaches 18 and the house be sold then, but this still means that he gets a share of the gift.

What you need to consider is giving the money as a loan rather than a gift. This is because money that is not gifted and is loaned is not deemed to be a matrimonial asset that he can seek a share of should they divorce. You can defer payment to a time in the future such as when the house gets sold or you need the money in retirement. You can ask a solicitor to draw up an agreement to this effect. A Judge can still deem this a gift so its not fool proof but its more likely to be deemed a loan if it is to be repaid in the future.

You do also have to be aware that mortgage companies do not like loans from family members as opposed to gifts so this may cause an issue when they get a mortgage.

I hope that this helps you understand that there is no easy answer in your situation but from a family law prospective of the money not being able to be claimed by the husband, the best option you have is to make this a loan to be repaid in the future and not a gift.

Please do let me know if I can assist you further

kind regards

Caroline

Please kindly remember to rate positively by using the stars so that credit is received for helping you today

Customer: replied 1 month ago.
Ok thank you very much for your help.
Regards Debbie
Expert:  ukfamilysolicitor replied 1 month ago.

Glad I could help you Debbie.

Thank you for using Just Answer

If you are happy with the service please do kindly star rate so that credit is received for helping you.

If I can assist you any further then please do not hesitate to ask.

kindest regards

Caroline

Expert:  ukfamilysolicitor replied 1 month ago.

Hello

I hope that you are well.

I note that this question remains unrated. Your feedback is important to me. Please do kindly rate my answer by clicking on the stars.

If I can help any further please do not hesitate to ask. Your question will remain open and I can answer your follow up questons for free for you.

kindest regards

Caroline