Changing mind about deeds?

Drew995

Hello

My mother signed her half of the house over to her hubby when she came out of hospital last march. Only just found out. Under duress I think the word is.
Is there a time limit to appeal and would she need a special solicitor or any kind? 
Can she change her mind or appeal it.

user1977

What was the reason for signing it over? Is it (still) the matrimonial home?

canaldumidi

The only ways to reverse this would be either to prove illegal duress, which would be hard and I imagine would involve the police, and/or medical reports proving she was not of sound mind at the time, or by her husband transferring the property back.

* Do she and husband both live there as man/wife?

* is divorce an issue?

* why did husband do this?

* what is mum's concern now?

Drew995

* Do she and husband both live there as man/wife?   Yes

* is divorce an issue?  She will have nowhere to go

* why did husband do this?  Mum did it so she would be nicer to her but she had only just come out of hospital

* what is mum's concern now?  That she will be homeless now he has full control of the house

user1977

Doesn't make a great deal of sense. What do you mean by "nicer"? Is divorce / separation contemplated?

If it's the matrimonial home I don't think it makes a great deal of difference (in the context of a divorce) whose name(s) the house is registered in. You can't just kick out your spouse because their name isn't on the deeds, so it's probably a non-issue.

Drew995

He wasn't being very nice to her treating her poorly.. She came out of hospital and was not in the best frame of mind so signed the house over to him hoping he would treat her better. He didn't.

I've only just found out about this and I'm very unhappy

Keep_pedalling

You cannot undue the transfer, she has done this of her own free will. Thinking it would help there relationship is not acting under duress.

Do they now own the house as Joint tenants or tenants in common? If the former the has becomes the sole property of the survivor on the first death, if the latter it will depend on their wills or intestacy rules if they don’t have one.

GoogleMeNow

Keep_pedalling said:

You cannot undue the transfer, she has done this of her own free will. Thinking it would help there relationship is not acting under duress.

Do they now own the house as Joint tenants or tenants in common? If the former the has becomes the sole property of the survivor on the first death, if the latter it will depend on their wills or intestacy rules if they don’t have one.

I read it that the property was owned as Tenants in Common, as the wife agreed to transfer 'her half' to her husband.  If the husband is now the sole owner, the property cannot be held as joint tenants/tenants in common.

Keep_pedalling

GoogleMeNow said:

Keep_pedalling said:

You cannot undue the transfer, she has done this of her own free will. Thinking it would help there relationship is not acting under duress.

Do they now own the house as Joint tenants or tenants in common? If the former the has becomes the sole property of the survivor on the first death, if the latter it will depend on their wills or intestacy rules if they don’t have one.

I read it that the property was owned as Tenants in Common, as the wife agreed to transfer 'her half' to her husband.  If the husband is now the sole owner, the property cannot be held as joint tenants/tenants in common.

Whoops! I missed the “her” bit when I read the opening post. 

I would adviser her to consult a family solicitor. It sounds like the best route to regaining her asset (and to be shot of him) would be to divorce him. Regardless of who is the registered owner it is still a marital asset so she is likely to end up with half its value in any financial settlement ordered by a court.