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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 30047
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I want to remove my name from deeds of property, Derby

Customer Question

I want to remove my name from deeds of property
JA: Where are you? It matters because laws vary by location.
Customer: Derby Derbyshire
JA: What steps have you taken so far?
Customer: Non do not know how or what to do
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I am jointly named with my son and want him sole ownership of the property
Submitted: 20 days ago.
Category: Law
Expert:  Joshua replied 20 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

  1. May I confirm if you are a sole or joint owner of the property please?
  2. do you expect payment to remove your name?
Customer: replied 20 days ago.
I am joint owner with my son Andreas Jessop I want to make him sole owner
Customer: replied 20 days ago.
I automatically assume it will involve a payment
Expert:  Joshua replied 20 days ago.
  1. Thank you. May I confirm if you own another property or if this is your main residence?
  2. can I ask you to briefly confirm the reason or reasons you are seeking to take the steps?
  3. Where would you live after having done so?
Customer: replied 20 days ago.
No I do not own another property
Customer: replied 20 days ago.
Not sure. If I can get a sheltered pension home I will move
Customer: replied 20 days ago.
I thought he would automatically be owner of the property but as m mow led to believe this is not so
Expert:  Joshua replied 20 days ago.

thank you. if there is no mortgage on the property presently, then you can certainly achieve what you want to achieve by transferring the property into your sons name. if there is a mortgage on the property, then this would need to be repaid in order to do so which may involve your son obtaining a mortgage in his own name if he does not have the funds to repay the mortgage for you.

however, before you consider transferring the property, you would need to stop and consider whether you should. What this would amount to you would be a gift of the property to your son and there is no difficulty in respect of you making a gift per se but if you then subsequently intend to rely on any former benefits or charitable application in terms of your housing, you will need to consider that the gift is likely to be regarded as deprivation on your part. That is to say, you can be treated as having voluntarily given away assets in order to rely upon state or charitable aid and accordingly, you can be treated for the purposes of any such application is still owning the property even where you do not.

If you do not have another property to live in or the means to support yourself without recourse to any form of benefit or charitable aid if you make the gift, will need to consider whether this is a sensible approach as you may be left with very few options in this respect as a result of the above.

As an alternative, you could consider leaving the property to your son in a will or, if you wish to attempt to protect the property from claims such as care the funding and so on, providing you are not presently aware of any circumstances whereby you may need to enter into care, you could consider use of something known as a life interest trust, sometimes marketed as an asset protection trust which provides a gift of the property to your son subject to a life interest for you to live in and enjoy the property for the remainder of your life

Customer: replied 20 days ago.
It is in my Will that he is to inherit the property but I have heard from his half sister that his brother will contest the will
Expert:  Joshua replied 20 days ago.

thank you. On that basis, you may consider use of the above life interest trust which settles the property into trust now. This is very difficult to contest as the gift is made by you during your life. As above, it enables you to make a gift of the property to your son subject to retaining a right to live in the property for as long as you wish stop you can also have a right to sell the property and buy another one if you wish which asset will remain in the same trust terms.

Customer: replied 20 days ago.
Thank you very much that seems to be the answer to my problem as I am in Good health at the moment thank you again for your advise
Expert:  Joshua replied 20 days ago.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Expert:  Joshua replied 19 days ago.

Thank you again for visiting JustAnswer and see you again in the future I hope.