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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34108
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband inherited his mothers house and then by deed of

Resolved Question:

My husband inherited his mothers house and then by deed of transfer passed the property directly to our two sons. However one of our sons does not want the house or any proceeds, (other son is happy to buy him out). Can our son transfer his half back to his father. Causing a few family problems.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.Does your other son not wish to own the property outright?
Customer: replied 1 year ago.
Yes my other son would be quite happy to own the house but younger son does not want anything from the inheritance
Customer: replied 1 year ago.
I think my youngest son would like to give his half back to his father and only inherit through his father and I at a later date (hopefully)
Expert:  Clare replied 1 year ago.
Would your other son not prefer to pay the money to you rather than transferring half of the house back to his father?
Customer: replied 1 year ago.
The idea of transferring it back to my husband would mean that my son then has nothing to do with the property or any money. Could he sell it back to my husband for a nominal amount of money or does it have to be at market value?
Expert:  Clare replied 1 year ago.
He does not have to sell it back at all - he can gift it to your husband if he wishes - the is done using a TR1 form which will need to be prepared showing that the two boys transfer the property to your husband that the one son.All three will need to sign it.There will be a Land Registry fee to pay.Please ask if you need further details
Customer: replied 1 year ago.
Thank you. Have you missed a bit off the first sentence
Expert:  Clare replied 1 year ago.
Sorry - the "he" referred to is the son who does NOT want the property
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
thanks have given us information now to talk over.
Expert:  Clare replied 1 year ago.
I hope the discussions go well