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Gifting A property

HI


I am not sure this is in the correct place, But my parents would like to gift me property now rather than after they pass..


Does anyone know who or how we do this?


TIA

Comments

  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    The most important question is why do they want to do this?

    Will they continue to live in the property or do they have others?
  • SmashedAvacado
    SmashedAvacado Posts: 1,262 Forumite
    1,000 Posts First Anniversary
    They can transfer the property to you using a TR1
    You register the property at HMLR with an AP1
    Presumably there is no mortgage
    Presumably they will not continue to live there
    Presumably you are aware as to the implications from a tax perspective
  • Flugelhorn
    Flugelhorn Posts: 7,612 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    agree with above, the question is why?

    Are they hoping to avoid care home costs? - if so it won't work

    Are they hoping to avoid IHT? - are they likely to need to?

    If you own the house and they still live there then they are tenants, you can't be a first time buyer etc etc
  • Keep_pedalling
    Keep_pedalling Posts: 22,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    This would be an extremely silly thing for them to do. What happens to them if anything happens to you like divorce, running in to dept or pre-deceasing them?

    I see from a previous post that the DWP are chasing you for payments for overpaid benefits so obviously the second one of those things is already a concern.

    Simply tell them not to do it.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    They can transfer the property to you using a TR1
    You register the property at HMLR with an AP1
    You verify your ID with ID1.
    Presumably there is no mortgage
    Presumably they will not continue to live there
    Presumably you are aware as to the implications from a tax perspective
    If there IS a mortgage, it can't be done- mortgage will need paying off.


    But as oters have sid, they (and you) need to consider the purpose of this. Why not just leave the property (or the value of the property) to you in their will(s)?


    Is the aim:
    * Inheritance Tax avoidance?
    * Care home fee avoidance?
    * providing you with a secure home?


    Do you/they understand 'a gift with reservation' and does it apply here?
    Do you/they understand'deprivation of assets'?
    Do already own a property?
  • AMBERSHADOW
    AMBERSHADOW Posts: 583 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    This would be an extremely silly thing for them to do. What happens to them if anything happens to you like divorce, running in to dept or pre-deceasing them?

    I see from a previous post that the DWP are chasing you for payments for overpaid benefits so obviously the second one of those things is already a concern.

    Simply tell them not to do it.



    Thanks for your info everyone!






    my over paid benefits have nothing to do with this post at all.. and the time has lapsed by 30 years! And certainly nothing to do with either parents. :-)
  • AMBERSHADOW
    AMBERSHADOW Posts: 583 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    They can transfer the property to you using a TR1
    You register the property at HMLR with an AP1
    Presumably there is no mortgage
    Presumably they will not continue to live there
    Presumably you are aware as to the implications from a tax perspective



    Thank you :-)
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    Thank you :-)
    since you choose to ignore the questions asked, let me reiterate

    WITHOUT FURTHER DETAILS THIS IS A SILLY IDEA

    your parents will still own it in tax terms
    you will be taxed on it when you sell it
    both the above would not apply if they simply wait to die and you inherit
  • Keep_pedalling
    Keep_pedalling Posts: 22,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thanks for your info everyone!






    my over paid benefits have nothing to do with this post at all.. and the time has lapsed by 30 years! And certainly nothing to do with either parents. :-)

    The point I was trying to make was that, should you run into dept you creditors can force the sale of your assets, which would include your parents house if they were silly enough enough to give it away.

    At the moment they have the security of owning their own home, to give that away would be madness with the risk of homelessness that comes with such actions.
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