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Transferring property

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My nan is currently living in her own property. For different reasons we are thinking of signing the deeds of the property over to myself and my sister, and my nan to continue living in it until such time this is not possible - not in the near future I hope! However, my sister receives Housing benefit - will this effect her housing benefits?
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  • MallyGirl
    MallyGirl Posts: 7,201 Senior Ambassador
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I think you will get a better response in the benefits section:

    http://forums.moneysavingexpert.com/forumdisplay.php?f=139

    This is about Pensions and retirement.
    I’m a Senior Forum Ambassador and I support the Forum Team on the Pensions, Annuities & Retirement Planning, Loans
    & Credit Cards boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.
    All views are my own and not the official line of MoneySavingExpert.
  • dunstonh
    dunstonh Posts: 119,676 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    For different reasons we are thinking of signing the deeds of the property over to myself and my sister, and my nan to continue living in it until such time this is not possible

    And what do you think that will achieve?

    It doesnt avoid inheritance tax.
    It creates a capital gains tax liability
    It doesnt avoid the property being included in means tests.
    Your sister would also have an invesmtent property share to declare on her means tested benefits.
    it would incur landlord costs to you and your sister as you have legal requirements going forward.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Jenniefour
    Jenniefour Posts: 1,393 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Mortgage-free Glee!
    And your nan leaves herself very vulnerable indeed to anything untoward happening in the lives of yourself and your sister, e.g. divorce, serious future financial difficulties, and risks effectively being made homeless.

    I can't understand why this is even being considered as there are no advantages whatsoever for your nan, or her future well being.
  • bigadaj
    bigadaj Posts: 11,531 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper
    khowe6 wrote: »
    My nan is currently living in her own property. For different reasons we are thinking of signing the deeds of the property over to myself and my sister, and my nan to continue living in it until such time this is not possible - not in the near future I hope! However, my sister receives Housing benefit - will this effect her housing benefits?

    What are the 'different reasons'?
  • kidmugsy
    kidmugsy Posts: 12,709 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    A loopy and dangerous plan. Why not just flush tenners down the loo?
    Free the dunston one next time too.
  • System
    System Posts: 178,347 Community Admin
    10,000 Posts Photogenic Name Dropper
    kidmugsy wrote: »
    Why not just flush tenners down the loo?

    That's expensive. The new plastic notes do not go mushy like the old ones, and there will be exorbitant plumber's charges to get the drains cleared out.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Browntoa
    Browntoa Posts: 49,604 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    its called "deprivation of assets"


    http://www.ageuk.org.uk/home-and-care/care-homes/deprivation-of-assets-in-the-means-test-for-care-home-provision/


    You may want to pass on savings or other capital to your children or others during your lifetime, but this can affect your eligibility for funding, and you should consider the impact this could have in the future.
    Deprivation could include:
    • A lump-sum payment made to someone else, for example as a gift
    • Substantial expenditure that has been incurred suddenly and is out of character with previous spending
    • The title deeds of a property have been transferred to someone else
    • Assets put in to a trust that cannot be revoked
    • Assets converted into another form that are disregarded in the final assessment, for example personal possessions
    • Assets reduced by living extravagantly, for example gambling
    • Assets used to purchase an investment bond with life insurance
    • Selling an asset for less than its true value.
    The timing and motivation for a disposal of assets are of central importance and the local authority has a responsibility to consider these elements as part of means test. In order to claim that you have deprived yourself of assets, your local authority show that you were aware that you may need care and support in the future when you carried out the transfer.
    Ex forum ambassador

    Long term forum member
  • Ganga
    Ganga Posts: 4,253 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Is this not one of those " can we avoid care home " posts?
  • Browntoa
    Browntoa Posts: 49,604 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    and ends up in an epic fail as councils now regularly and successfully challenge these
    Ex forum ambassador

    Long term forum member
  • kidmugsy
    kidmugsy Posts: 12,709 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    That's expensive. The new plastic notes do not go mushy like the old ones, and there will be exorbitant plumber's charges to get the drains cleared out.

    Good point. I suppose using them to light cigars isn't a good scheme either.
    Free the dunston one next time too.
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