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Dividing House Deeds

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  • Marcon
    Marcon Posts: 14,247 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    AnotherJoe wrote: »
    From the solicitors POV, they are looking to ensure there is no undue influence. This protects everyone, including the solicitor who otherwise may be challenged that they did not see the parents alone and couldn't rule out undue influence. Seems like a very wise course of action to me.

    Not necessarily at a first meeting. It would certainly be advisable to ensure there is a private conversation at some point before anything is decided/concluded, but seeing all the family members involved can help to establish the family dynamics. It is often easier to spot undue influence when it's happening under your nose!
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • LHW99
    LHW99 Posts: 5,191 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    One other factor - if your son actually owned half the house, it could increase the stamp duty he has to pay if he then wants to buy a house for himself while you two are still alive.
  • what if we put the house in a trust with my son as trustee is this a more robust way?
  • Marcon
    Marcon Posts: 14,247 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    You've given so little information and yet you seem to expect fully informed responses. These are questions to ask your solicitor, once you have provided full background information.
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • Thanks for all your responses. I'll hold fire now until i've spoken to a solicitor...fingers crossed I wont need to ask any more questions after that!
  • Keep_pedalling
    Keep_pedalling Posts: 20,647 Forumite
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    what if we put the house in a trust with my son as trustee is this a more robust way?

    If you have no other major assets, this is a bonkers idea, if you do have other major assets then consider cash gifts instead.
  • Paul_Herring
    Paul_Herring Posts: 7,482 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    kidmugsy wrote: »
    I really do suggest you read that Telegraph article.

    Probably this one:

    https://www.telegraph.co.uk/tax/inheritance/giving-home-away-wont-cut-inheritance-tax-bill/
    Conjugating the verb 'to be":
    -o I am humble -o You are attention seeking -o She is Nadine Dorries
  • Keep_pedalling
    Keep_pedalling Posts: 20,647 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Hi.
    Looking for advice.

    My husband and I are entering our dotage. In order to protect our main asset (our house) I would like to split the deeds 3 ways. 25% for my husband and I and 50% to our only son. I am not concerned about him selling the house from under us I just want to ensure our property goes to our grandchildren.
    Anybody done this and have any advice please

    According to another of your threads, you are in your mid 40s which is a hell of a long way from your dotage.
  • badmemory
    badmemory Posts: 9,479 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    edited 20 August 2018 at 2:59AM
    If your solicitor is anything like mine he will be doing his best to persuade you from this action & there was a lot more reason for me to do this with my son as he actually lives with me. Far better to leave it to the spouse who leaves it to the child, unless you live in London or a £mil mansion then no IHT. If you need it then use it to fund any care home provision, believe me you do not want to HAVE to rely on LA provision.


    ETA Just wondering if this is the son posting rather than the mother? Oh dear!
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    you seem to have 2 basic requirements lets deal with the second first.

    I just want to ensure our property goes to our grandchildren.

    Giving it to your son fails to ensure the grandchildren get it. if you want the grandkids to get it you need to give it to them

    DO(will) they even want it? if more than one grandchild it gets very messy.


    as for No.1
    In order to protect our main asset

    Would help if you said what you were trying to protect it from.
    depending what you are protecting it from will determine the actions needed but in most cases giving it away is not the answer unless you don't need to live in it(eg you have a few houses to choose from)


    If you have a mortgage then the first step to protecting it is to get that paid of.
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