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Cheapest way to gift a property? (+ Q about additional provision)

Mortgage paid off, fairly straight forward. Married couple wishing to gift the property to our daughter. Well aware of the capital gains/tax implications. Myself, my wife and my daughter all live in the property currently and it would stay that way.

I've been reading up and I know we need to fill out an AP1, ID1 and TR1. I think the only costs involved would be getting the ID1 done with a solicitor (x2 I think for transferors and transferees). Is that correct? They've quoted me £90 + VAT for one of those to be signed. They originally quoted me £400 for them to do the actual process for me but told me that my daughter (who we are transferring over to) would need that appointment too, so £800 total! I'll do it myself if I can rather than paying that.

One last random question - we wish to add an additional provision on the TR1 form that our daughter could not evict us. Is that okay? I was under the impression that is what the additional provision section is for. We trust her, it's just good to have these things in writing.

No need to ask questions about why , etc etc, that's not what I'm here to talk about. I've been reading previous MSE threads on the topic and people seem to get very judgemental and hostile about gifting properties over. We have thought it through and made our decision, that's all that anyone needs to know.
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Comments

  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    edited 7 January 2019 at 12:36PM
    If you want to retain the right to live there you need to be sure that any clauses are water tight.

    Just saying you daughter cannot evict you won't be good enough.


    You will get better help by saying what you are trying to achieve because for a lot of situation it will make things worse

    There may be better options than just signing over the whole place to your daughter.

    Life interest trust can give you the protection you want.
  • Browntoa
    Browntoa Posts: 49,612 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    How old are you ?

    Can be regarded as deprivation of assets if you are of an age where you could soon be requiring care
    Ex forum ambassador

    Long term forum member
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    samc93 wrote: »
    No need to ask questions about why , etc etc, that's not what I'm here to talk about.
    Tough. If you want decent advice then you need to be prepared to explain exactly what it is you're trying to achieve. And if you appear to be barking up the wrong tree then don't complain if people point that out to you.
  • csgohan4
    csgohan4 Posts: 10,600 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • davidmcn wrote: »
    Tough. If you want decent advice then you need to be prepared to explain exactly what it is you're trying to achieve. And if you appear to be barking up the wrong tree then don't complain if people point that out to you.
    Not sure why you need this information to tell me what the cheapest way of doing it is though?
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    samc93 wrote: »
    Myself, my wife and my daughter all live in the property currently and it would stay that way.

    One last random question - we wish to add an additional provision on the TR1 form that our daughter could not evict us.

    We have thought it through and made our decision, that's all that anyone needs to know.

    It's hard to see how anyone who has really thought this through would go ahead with it. :(

    Your daughter is stuck with her parents for the rest of their lives.

    She can't sell up and move for work or a new partner in another part of the country (or the world) without fully funding the current house.

    She'll find that possible future partners will be put off a serious relationship by the idea of moving in with the in-laws in situ.

    And many more reasons why this is a bad idea...
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    samc93 wrote: »
    Not sure why you need this information to tell me what the cheapest way of doing it is though?

    they don't.

    you have two questions

    1.cheapest way to do it.
    you are on the right lines for that cheapest is just the land reg fees and getting ID sorted.

    2.How not to get evicted with some legal clauses.

    Needs a lot more thought, you are way of the mark for achieving that or even getting close.
  • Mojisola wrote: »
    It's hard to see how anyone who has really thought this through would go ahead with it. :(

    Your daughter is stuck with her parents for the rest of their lives.

    She can't sell up and move for work or a new partner in another part of the country (or the world) without fully funding the current house.

    She'll find that possible future partners will be put off a serious relationship by the idea of moving in with the in-laws in situ.

    And many more reasons why this is a bad idea...
    Again with the judgements. Seems it is impossible to ask a simple question on this website without people commenting.

    Future partners being put off - she's married (with a pre nup) but they chose not to live together. We don't judge them for that, whatever works for them. And how exactly is she stuck with us? She can buy somewhere whenever she wants and is looking to do so (again before people preach we know she wouldn't be classed as a FTB and the implications etc etc)

    Forget I asked.
  • martindow
    martindow Posts: 10,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    samc93 wrote: »
    Mortgage paid off, fairly straight forward. Married couple wishing to gift the property to our daughter. Well aware of the capital gains/tax implications. Myself, my wife and my daughter all live in the property currently and it would stay that way.

    I've been reading up and I know we need to fill out an AP1, ID1 and TR1. I think the only costs involved would be getting the ID1 done with a solicitor (x2 I think for transferors and transferees). Is that correct? They've quoted me £90 + VAT for one of those to be signed. They originally quoted me £400 for them to do the actual process for me but told me that my daughter (who we are transferring over to) would need that appointment too, so £800 total! I'll do it myself if I can rather than paying that.

    One last random question - we wish to add an additional provision on the TR1 form that our daughter could not evict us. Is that okay? I was under the impression that is what the additional provision section is for. We trust her, it's just good to have these things in writing.

    No need to ask questions about why , etc etc, that's not what I'm here to talk about. I've been reading previous MSE threads on the topic and people seem to get very judgemental and hostile about gifting properties over. We have thought it through and made our decision, that's all that anyone needs to know.
    I can't see anything judgemental or hostile in the replies you're receiving.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    samc93 wrote: »

    Forget I asked.
    I already have. Your attitude ensured that!
This discussion has been closed.
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