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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience:  Solicitor with over 15 years experience.
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I wish to transfer my property into my daughters name what

Resolved Question:

I wish to transfer my property into my daughters name what do I have to do to process this. I still have a small mortgage on the property , is it best that I pay the amount outstanding before I transfer the property ,or can I do this without paying the outstanding amount ?
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello. I am a solicitor with over 15 years experience I will try to help you with this.

LondonlawyerJ :

Will she be paying anything for the transfer? How much is outstanding on the mortgage, are you proposing to tell your mortgage company if you transfer the ownership to you daughter? Is there any particular reason for wanting to give the property to your daughter?

Customer:

I am 69 years old and have a property which I still owe £25,000 mortgage with Halifax . Do I have to pay the amount owing before the property can be transferred into my daughters name ? This I can do or is this not necessary ? Who would I contact to handle this transaction and how long would the process take .

Customer:

I have a mortgage of £25000 still owing on my property . Will it make it easier to transfer the property if i pay this amount owing in full before transfer or does that make any difference. I am 69 years of age and would like this done as soon as possible , as I think there is a certain amount of years that this transaction can take place before one dies to make it legal . I for some reason thought it is allowed as long as this is done within seven years before one dies,but am not sure. Who would I contact to do this transaction for me and what time frame are we looking at .Would I have to contact the building society holds my deed myself ,or will the conveyancer handle all of this .My property is leasehold. Thank you

LondonlawyerJ :

I will be travelling for the next hour or so but will answer you later this morning. I hope that is OK.

Customer:

The reason that I want to transfer into my daughters name is XXXXX XXXXX i at some stage have to go into an old age home that the home cannot be taken to pay for the costs .and if I do not go into an old age home then that the property is already transferred into my daughters name before I die.

Customer:

That will be fine , chat to you later

LondonlawyerJ :

If you want to transfer the ownership to your daughter while the mortgage is still in force then most likely she will need to apply for the mortgage to be transferred to her. This will be subject to credit checks etc. and no doubt charges will apply.


If you give a gift to an individual and then survive for 7 or more years thereafter that gift will ordinarily be excempt from inheritance tax. However if you continue to live in the property this will attract the suspicion of the Inland Revenue and if you do not pay a market rent then the gift may well not be excempt from inheritance tax.


If you transfer the property to your daughter you will be losing the ability to include it as part of your estate and cannot include in in your will. If you have other children you would be entirely relying on your daughter dealing fairly with them.


In terms of means assessment for provision of care then you should be aware that the nature of the rules on deliberate deprivation of assets means that it is not possible to predict with certainty whether the local authority (or Pension Service) will raise the issue during any future means test.


 


Many people do not need to go into a care home and if you have disposed of assets they will no longer be yours to deal with.


I would suggest that you should get legal advice from a solicitor in the orthodox, face to face way on this. There are complex issues of tax, wills & probate, deprivation of assets etc. here which need to be considered in a detailed way not suitable for this service.


The process could be dealt with quite quickly and once you have instructed a solicitor it should be possible to deal with in a month or so. There will be no need for you to contact the Halifax if you are getting professional help and it would probably be best to let your solicitor handle it. (You may prefer to use a solicitor rather than a licenced conveyancer, this may be professional snobbery on my part but I think you will get a better service from a lawyer).


I hope this answer has been helpful but please feel free to ask further questions

Customer:

Thank you very much for all the advice given .

LondonlawyerJ and 3 other Law Specialists are ready to help you