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
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