House deeds

Stuart_A

Hi,hope this is the right section ?

My mum and dad got divorced 20 years ago,my dad is entitled to 20% of the value of the house,only when it’s sold,I want to buy his 20% from him,however,he has either given or sold his share to his now wife,he is still alive and with his wife,I want to give him what he is entitled to,can his share be passed over to his wife,so that,god forbid,if he died,would his wife be able to claim it?

Hope that makes sense
Thanks.

Rachel83

Unless they have done it via a solicitor I doubt it is all legal if he dies. He may have however left it in his will to her?

If he has given his 20% to his new wife, then he name should now appear on the deeds to show that.

Seanymph

Under what circumstances do you want to 'buy' the 20% - if the agreement was that it was to be passed to him when sold, then the house needs to be sold surely?

How do you know that the 20% has passed to his wife?

If he was to die your question should be - does this 20% form part of his estate, and has he left his estate to his wife?

gettingtheresometime

Are you sure that he can give/sell his share in the first place?


I've heard of these types of arrangements before, admittedly in case of wills but didn't think you could dispose of the share in the way of a gift/sale.

Stuart_A

Thanks for the input guys,
He has told me that he has given his 20% share,and a copy of the deeds to his wife,I don’t know if it’s in his will or not.
I want to buy it off her so I can buy the house off my mother,I was just unsure if he could gift the 20% share,or that he had to sell it??


Thanks.

BrassicWoman

A copy of the deeds does nothing

Adding her name to the deeds does

Ask on the housing board how you spend £3 to check title at the land registry

sammyjammy

Would your mother be buying another property?

Keep_pedalling

There would be nothing stooping him giving his 20% to his current wife, and there is nothing illegal about it.

It might have been a mistake to do this however, as unlike him she cannot claim primary residence relief against capital gains tax if the property has gained significant value since he moved out.

gettingtheresometime

Another thing to bear in mind - you can only buy something off anyone provided they want to sell it to you. If your dad/his wife doesn't want to sell it to you then there's nothing you can do to buy it apart from offering stupid money for it.

Seanymph

The most logical way to my mind would be to buy the house from your mother - who then has to pass 20% across to your father.

That's how it was designed to work - what he does with his 20% is up to him.

Anything other than a straight transaction as above suggests that you are trying to profiteer in some way - or your mother is trying to 'gift' you some of her property.

Buy it outright from your mum, she pays him off, all is dandy.

As he doesn't actually get his 20% until AFTER the sale, you can't buy it from him because it isn't his.

Stuart_A

sammyjammy wrote: »

Would your mother be buying another property?

Not at this time no😊