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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24601
Experience:  Senior Partner at Berkson Wallace
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My husband signed deed of the house over to daughter In

Customer Question

my husband signed deed of the house over to daughter In May2014,he was diagnosed Dec 2016 with vascular dementia but consultant wrote in his opinion dementia for at least three years, priory to December 2016. does this invalidate the transfer? I have written confirmation of this.
JA: Where is this? It matters because laws vary by location.
Customer: The hose in Rochdale Lancs.
JA: What steps have been taken so far?
Customer: My solicitor has had this info for the past four years and nothing has happened.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 16 days ago.
Category: Law
Expert:  Stuart J replied 16 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

I assume your husband is still alive and are you asking if this is legal?

is there a problem with your daughter having the property?

Expert:  Stuart J replied 16 days ago.

It really depends on whether your husband knew what he was doing when he signed the house over because if he didn’t, then it’s possible to have the transfer set aside.  If you wish to do that, you would just need some evidence to prove this on the balance of probabilities and it’s highly likely that if the consultant gave an opinion that your husband had had dementia for three years, it would tip the balance that he had rather than have not at the time of the transfer.

There is another issue here and even assuming that your husband had, time, for mental capacity, why do the transfer what I presume is the matrimonial home, to your daughter?

If he did it to avoid you getting your hands on it, either when he died or in the event of divorce, you could always apply to have the transfer set aside on the basis that he only did it to disadvantage you.  If your husband has died then your claim would be under the Inheritance Provision for Family & Dependents Act or if he has not died and is still alive, then it would be part of a divorce settlement.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards