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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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my girlfriend has terminal cancer put me on the deeds of our

Resolved Question:

my girlfriend has terminal cancer put me on the deeds of our house through a solicitor that explained when she died that the house became mine. this was last year
then i paid the whole morgage off from a joint insurance policy we had together which paid critical illness to us.
i have now recieved a letter from her solitior to sign saying she wants to change this now to common tenents so her children can have her share yet we took the insurance out in 2008 for each other and i would not have paid the house off had i known she whould do this .
she is in the hospice at the moment and they have paid for her to redo her will.
we both already had wills leaving every thing shared between all our children when we both died .
can i do anything or do i have to sign this paper work and loose half my house ?@?
please help
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask what documentation you have if any at the time she transferred the house to you indicating that she wanted to transfer the house to your name to ensure it came to you after her passing please?

Customer:

she had it all explained from a soliitor that her children would get none of it and she wrote them a letter telling them to continue. i have a pape fro the deeds saying its a joint tennancy

Joshua :

Thanks. Do you have any written documentation that either confirms the above or documentation confirming she wished to transfer the property so it would come to you?

Customer:

just a copy of form from deeds that shows house is joint tennancy .

Customer:

now shes tryng to put it into common tenancy

Customer:

i would not have paid the 150000 of the morgage last year if i had know she was going to do this

Joshua :

Thanks. Before you paid the mortgage off, how much equity was there roughly in the property (which I understand was originally solely owned by her)?

Customer:

thirty thousand but i put twenty seven thousand into the house when i moved in to do it up in 2008 and paid her husband 5000 included in that

Joshua :

Thanks so before she transferred the title to your name, out of the £30,000 of equity roughly that was in the property, only approximately £3000 of that equity was hers. Have I understood this correctly?

Customer:

we both lived in the house together from 2008 and still do , the morgage was just in her name do to my bad rating

Customer:

yes that correct

Customer:

the 150000 came from a critical illness that was on our joint life insurance policy took out in 2008 to make sure we would both be ok . now shes

Joshua :

thank you. Finally, you mention you edifices from a critical illness life-insurance policy. The payout you received, does the benefits of this payment just come to you orders part of that payment belong to your girlfriend? does your girlfriend receive any other separate payment from the cover?

Customer:

it was just a life insurance and because we tookj the critical ilness payment we dont get any more money from it . we would have got 180000 if any one had just died ,now she says its half hers to give to her three kids now but i believe all six children should wait untill we both pass away to get the inheritance

Joshua :

Thanks. Have you confirmed with the life insurer whether the payment on the policy was due to you solely or to you both jointly. It will have been specified by you on the policy when you took it out.

Customer:

no i have not

Customer:

it was a joint policy with both our names on

Joshua :

Thanks. the first step is to contact the life insurer and ascertain who has the benefit of the payout on the policy, specifically whether payout belongs exclusively to you or jointly to you and your girlfriend. you and your girlfriend was determined he was to receive the payout when he set policy up usually and it is common though by no means compulsory to nominate each other so that if one of you were to pass away or become critically ill, the survivor of you receives the payout and if the insurer paper money directly to you, this would tend to indicate this was the case however confirming the point with the insurer would be valuable

Customer:

ok

Joshua :

assuming the payout from the policy does belong to you the position will be as follows: Based upon what you say, it would appear that your girlfriend only ever would have owned a relatively small percentage of the equity in the property in any event even had she not transfer the property into your name as most of the equity from what you say was contributed by you and furthermore, you have used the funds you received from the insurance policy to pay off the mortgage which further equity increase to you as well

However, she has from what you say elected to transfer the property into your name making a gift to you of the small amount of equity she did a in the property having had the decision fully explained to her by her solicitor. unfortunately you do not have you say any document that specifically confirms the transfer was a gift however from what you say. there is therefore the possibility that she could raise a claim in respect of the small proportion of equity she owns the property claiming that she did not make a gift of this equity to you in transferring the poverty title into your name however if as you say she was fully advised as to what she was doing buyer solicitor and she elected to do it anyway, you could if she raised claim through the courts seek disclosure in respect of the advice she was given to demonstrate that she was well aware that the transfer of the property was intended to be a gift.

Joshua :

Furthermore, given the relatively small amount of equity she would appear to have originally owned on the property, would be extremely questionable whether it would be worth her all her estates while raising a claim against the property because the costs of raising a claim would largely eclipse the benefit

Customer:

she only transfered half the house as it was a joint tennancy but knowing when she died it would all become mine

Joshua :

accordingly, the initial steps would appear to be for you to confirm with the insurer that the payout from the insurance policy was yours as opposed to a joint payout of any kind and then to revert to her or her solicitor to advise that the majority of the equity property was owned by you in any event and notwithstanding this, your girlfriend made a gift of the property to you and following that, you decided to pay off mortgage and accordingly you must respectfully XXXXX XXXXX make a further alteration to the property as you have acted in paying off the mortgage in reliance on your girlfriends previous gift and in the circumstances you intend to rely upon it

Customer:

what about these papers i have been given to change it to common tenancy , do i have to sign them , can they change the deeds without them being signed

Joshua :

You do not have to agree to sign such papers. If the title has been transferred into your name, it cannot be transferred without your consent unless your girlfriend were to obtain a court order which in my view is questionable whether she would attempt given the cost based on the above. You would of course have the right to defend any such application.

Joshua :

Is there anything else I can help you with?

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Customer:

can she take herself of the title and put her children on

Customer:

with me

Joshua :

If you are registered as joint tenants then she cannot transfer the title without your consent. She can serve you notice that she wishes to change her share as tenants in common, however you can clarify that her share is limited to a very small proportion of the property (specifically the equity that she contributed when she bought the property and does not include the equity you contributed nor the money that you paid to pay off the mortgage and in addition you relied on her confirmation that she was gifting her share of the property to you when you paid off the mortgage and that you have acted to your detriment in doing so and claim that she is estopped from changing her mind on this basis

Joshua :

Is there anything else I can help you with?

Customer:

no thats fine , i am in a write mess here and could do without it all at the moment as she is in the hospice trying to sort out her medication to stop the pain and hallusination that comes with the powerfull drugs .

Customer:

thanks for all your help i apresiate it ,

Customer:

have a great bankholiday weekend

Joshua :

If I can assist any further as the situation develops please do no hesitate to let me know.

Joshua :

And you

Joshua :

I should be very grateful if you would kindly take a moment to rate my service to you today.

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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