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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 16144
Experience:  30 years as a practising solicitor.
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I live in Scotland happily married for 33 years.

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I live in Scotland happily married for 33 years. Unfortunately when we took out our mortgage on the house it was in my name only. We are now retired and mortgage free, can I change the title deeds to our house to joint names. We have only had one joint bank account throughout our working life.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: We live in Scotland & know we have not talked to a lawyer
JA: What steps have you taken so far?
Customer: None, was just enquiring if it was possible?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not really my wifes father may have to go into care & their house was in his name only. made us think to make sure we are set up as good as possible for eventualities in old age.

Thanks for your question. I am a solicitor in Scotland and can help you with your question today. Assuming the security on your house has been discharged, you are free to put it into joint names. Please ensure that this has been done. The lender won’t do it but should have advised you to get your solicitor to do so. I can help further if not. As regards ***** ***** house into joint names, this is a good idea for one reason in particular but you have to be careful about how you go about it. When you have the house put into joint names make sure that the title is drafted so that when one party dies their share doesn’t pass to the survivor. The reason for that is that if the last party living has to go into care the whole house is vulnerable to being sold for care home costs thus reducing the inheritance that could go to children or other beneficiaries. The house can be transferred to that husband and wife own the house jointly but NOT to the survivor. Simultaneously you will make wills each leaving your half share in the house to others. That means that on the first death anyway that half of the house goes to who you want it to go to. The second half is vulnerable if the survivor has to go into care. Little can be done about that short of transferring the whole house to beneficiaries now (for example) but that of course can create its own tax difficulties. What I have suggested is generally the best way to mitigate the consequences of the current legislation relating to the cost of residential care in later life. I hope this helped you today. Please do let me know if I can clarify anything, I am always happy to help.

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