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Can we move into my mother in laws house and she move into ours?

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Comments

  • Brock_and_Roll
    Brock_and_Roll Posts: 1,207 Forumite
    Part of the Furniture 1,000 Posts
    Pixie5740 wrote: »
    Are you sure about that? Are you perhaps confusing IHT with deprivation of assets for avoiding care home fees?

    I quite like MarkBargain's suggestion so try and see if that's a viable option.

    It seems the OP is confused here. The 7 year gift rule only relates to Capital Gains Tax.

    Local Authorities can, and will go back as far as they can to try and spot potential deprivation of assets. As the public finances are under pressure, this is something they are increasing hot on.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Can't you draw up a contract to buy the £400K house off her for an agreed lump sum plus instalments over say 30 years? That would allow her to buy a smaller house of her own, would get you the bigger house (legally yours) and it would give her an income for future years.

    They'd need to find a mortgage lender willing to accept a loan payable to mum, rather than it being a gift (as well as presumably a security over the house to protect her interests). The brokers here may be able to advise further, but I suspect that restricts their options considerably.
  • StumpyPumpy
    StumpyPumpy Posts: 1,458 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    edited 17 March 2015 at 2:12PM
    I may be wrong here, but wouldn't this arrangement mean that MiL is losing out quite significantly?

    There doesn't seem to be any allowance given for the rent she currently receives from the large house. All other things being equal: I assume that the rental income from a large house will be significantly higher than a 2 bed semi in the same area. So surely the most financially prudent advice for the MiL would be to continue renting out her house and use some of the money from that to fund her own living arrangements thus giving her a place to live, her original asset (the house) and an additional income (the remainder of the rent).

    Your suggested arrangement is good for you (living in a £400k+ house whilst only paying out for a £170k one) but impoverishes her.

    SP
    Come on people, it's not difficult: lose means to be unable to find, loose means not being fixed in place. So if you have a hole in your pocket you might lose your loose change.
  • duchy
    duchy Posts: 19,511 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Xmas Saver!
    edited 17 March 2015 at 2:16PM
    Seems like Mum is losing a substantial rental income each month -does she have pensions or work so she'd not miss that income ?

    What would happen to any arrangement if the OP divorced or Mum remarried ?

    It sounds like the OH's husband is emotionally invested in the house -which could cause problems if Mum needs to sell the house later on to release capital - he can't afford to buy her out ......and doesn't want to move.

    Honestly I can't see this is workable
    I Would Rather Climb A Mountain Than Crawl Into A Hole

    MSE Florida wedding .....no problem
  • xylophone
    xylophone Posts: 45,994 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If this is a large house, could you and your husband and his mother all live in it?

    It could be adapted to give you all your privacy?

    You would get permission to let your existing property and would reach a financial arrangement with your MIL.

    If the arrangement didn't work out, then you would sell your own property and buy whatever you could afford in the area?
  • kate020385
    kate020385 Posts: 10 Forumite
    obviously our aim is not to leave mother in law penniless! and this is by no means a way of getting out of paying nursing home fees.... she is very well and a long way off that!!

    at the minute, yes she she is getting more than we could afford in rent from current tennants. But she is also living in a very expensive flat that now belongs to her ex. If she was living in a smaller property bought by us, rent free, she would only be paying bills so she could manage with the drop income. The whole idea of moving into her house was first suggested by her so i dont want people to think we are being unreasonable/bullying. Im just trying to find a way that we can stay on the property ladder whilst allowing her to still keep hold of her larger house as she has stated that she neither wants to live in it or sell it. yes she could conctinue to rent and we could buy something for our own budget which may ultimately end up happening if we can find a soloution but i think both her and my husband are keen to see it go to our families use with more children on the horizon etc.

    We def need to seek legal advise. Just throwing ideas around at the moment :-)
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    It seems the OP is confused here. The 7 year gift rule only relates to [STRIKE]Capital Gains Tax[/STRIKE]. IHT.


    fixed that for you
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Looks like a need for IHT planning or a heafty tax bill is on the horizon.

    How big is her estate? with a £400k house it is over the single nil rate band.

    is there any transferable nilrate band available?
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