Mother in law wants to put house in husbands name

edited 23 May 2021 at 7:00PM in Marriage, relationships & families
15 replies 1.8K views
DayDreamerandGeneralWasterDayDreamerandGeneralWaster Forumite
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Just that really. Joint with a sibling and she will live in it until she dies.

She said it's to make it easier when she dies. No current health issues and she is in hr late 60s. However l am concerned about the implications of this as my husband hasn't given it a second thought. Any potential tax issues? What happens if one of them dies before her, she is incapacitated etc? What about liability for maintenance?

There is no mortgage. 
Total unsecured debt January 2020: £36k current £13824




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  • !!!!!! name but bam3 bloody phone! 
    Total unsecured debt January 2020: £36k current £13824




  • Yes this is what l was worried about. Yes we own a property in our names. 
    Total unsecured debt January 2020: £36k current £13824




  • MovingForwardsMovingForwards Forumite
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    It's a bad idea and should remain her asset, look up everything I've listed. This question pops up all the time due to the mistaken belief it's easier, or protects the property for being used as care home fees, but without looking at the bigger impact of the action.

    "If one does before her it forms part of their estate." Should have read "If one dies before her it forms part of their estate."
  • Keep_pedallingKeep_pedalling Forumite
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    Dumb idea, which won’t simplify things, and may lead to her losing the roof over her head. 
  • sevenhillssevenhills Forumite
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    I believe that you can transfer ownership without a solicitor, but would you be happy to do that?
    If not, then the solicitor could cost someone around £1,000
  • gizmo111gizmo111 Forumite
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    Just that really. Joint with a sibling and she will live in it until she dies.

    She said it's to make it easier when she dies. No current health issues and she is in hr late 60s. However l am concerned about the implications of this as my husband hasn't given it a second thought. Any potential tax issues? What happens if one of them dies before her, she is incapacitated etc? What about liability for maintenance?

    There is no mortgage. 
    Why does she think it would make it easier?
    Mama read so much about the dangers of drinking alcohol and eating chocolate that she immediately gave up reading.
  • Just that really. Joint with a sibling and she will live in it until she dies.

    She said it's to make it easier when she dies. No current health issues and she is in hr late 60s. However l am concerned about the implications of this as my husband hasn't given it a second thought. Any potential tax issues? What happens if one of them dies before her, she is incapacitated etc? What about liability for maintenance?

    There is no mortgage. 
    These kind of threads crop up regularly on the forum. How does MIL think it will make things easier? Two issues I can see cropping up are deprivation of capital should she require care in the future and capital gains tax when she passes and the house is sold.  If MIL’s plan is to maximise tax due then this is the way to go about it. 
  • 68ComebackSpecial68ComebackSpecial Forumite
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    gizmo111 said:
    Just that really. Joint with a sibling and she will live in it until she dies.

    She said it's to make it easier when she dies. No current health issues and she is in hr late 60s. However l am concerned about the implications of this as my husband hasn't given it a second thought. Any potential tax issues? What happens if one of them dies before her, she is incapacitated etc? What about liability for maintenance?

    There is no mortgage. 
    Why does she think it would make it easier?
    My MIL suggested transferring her flat to us a few weeks ago as she genuinely thought that having the property already in our names would making the selling process easier either if she needed to enter a care home or upon her death. In her case the idea definitely wasn't to avoid care home fees or IHT.
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