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Transfer of Ownership Family home Mortgage free, freehold.

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  • azz007
    azz007 Posts: 216 Forumite
    Fifth Anniversary 100 Posts
    Either way it will follow intestacy rules as there's no Will so will be based off that regardless of full legal owner.

    Going forward, is there a way to share the property between all 7 with different percentages as financial contributions are all different. 
  • Land_Registry
    Land_Registry Posts: 6,163 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    azz007 said:
    I can check the deeds when I next see her. But out of curiosity with joint tenancy and tenants in common what are the two ways it can go forward ? 
    A few things to consider here as there’s a distinct difference between what’s registered and what she/siblings can do. 
    If it was registered in the 3 names then she’s now the sole surviving registered legal owner. Whilst on paper she can do anything she wants that’s not always the case. And it seems she/you know that already hence the original question. 
    Transferring it to all is an option but only 4 are named on the register. You can still have them all named in the Transfer but that reiterates the point ‘on paper’ as it’s really what else do you have/put in place to protect the interests you mention and the ‘shares’ for example 
    Protecting such interests is where the technicalities come in and most would rely on a trust deed and/or wills to achieve that. So make it legal and ensure everyone is aware and on the same page - putting it in more names may not be necessary but the wider Qs re CGT/IHT now or in the future, care fees (one day maybe) and of course what impact does it have as a second property for some siblings should be considered.
    Trusts and beneficial shares can be protected on the register if applied for. The form A restriction is the most common way but it doesn’t always define you as TIC. You can all be TIC without it as the trust/wills have made it so. The restriction simply restricts a sole surviving owner but ultimately it’s the trust/wills and law that protects you all. But hopefully it never comes to that as you’ve got it all down in writing, legally, and everyone understands what’s what. 
    So best advice is to get wider legal/financial advice re what’s best for all. And if that means her transferring it then you already know what’s needed it seems. It’s the consideration re what’s best for all that needs to be done first though as transferring it might not be the final decision. 
    It would be really helpful if you posted any final decision made and your thinking behind that - there are many similar threads posted here but rarely do we see the final decision plus workings out 
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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