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Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10780
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Customer Question

my son ownes my house but wants to gift it to me is there a problem?
Submitted: 5 years ago.
Category: Law
Expert:  Aston Lawyer replied 5 years ago.

Hi there

Thanks for your enquiry.

So that I can give you as full an answer as possible, could I just ask why he wishes to do this? And is there a Mortgage on the property?



Customer: replied 5 years ago.

morgage 30,000 he lives abroad and wants me to have the house. when my husband died we were in debt, my son saved us from losing the house.

Expert:  Aston Lawyer replied 5 years ago.

Hi again,

Thanks for your reply.

As there is a Mortgage on the property, I'm afraid you would need to obtain the Bank/Building Society's consent to have the house transferred to you.

This is because if the house is transferred to you, you then become legally responsible for paying the Mortgage.

They may or may not agree to this after considering your ability to pay the Mortgage/your age/income etc.

If this is not possible, they may well agree to have the property transferred into your joint names (on the basis that your son will remain as joint owner, they ar elikely to consent).

Of course, if your Son is able to raise sufficicient funds to pay off the Mortgage, once this has been cleared, he is free to transfer the property to you. This is done by instructing a Solicitor to prepare the necessary Land Registry Transfer document which is signed, and then registered at the Land Registry.

I hope this answers your question, and if so, I would be grateful if you could leave positive feedback.

However, if you require any further assistance, please let me know.

Kind Regards


Customer: replied 5 years ago.

I am pleased with your reply . It is very useful. Is the £33 a one off payment I hope so.

I do not wish to be paying this ammount monthly... G wren

Expert:  Aston Lawyer replied 5 years ago.


Thanks for your kind comments.

It is a one off payment!

Best Wishes