Sign over family home
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Yes we are married and no we didn't buy the property as my parent is owner and we will inherit the property in their passing. My query is should we have it signed over now??
Why should your parent sign over the house to you now? It is their property and they can do whatever they want with it.
That isn't the question though; the question is should it be done now, and that depends on a number of factors. But the OP isn't being very forthcoming with information.
Brendan Burgess
Founder
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As you don't seem to want to part with much information here, you will need to consult a solicitor and you will need to tell them the full story.
But yes, you will need a solicitor to convey the property into your name.
Brendan
But yes, you will need a solicitor to convey the property into your name.
Brendan
The query was extremely vague in content. It may well be that they don't know nowt, as to what they're entitled, or not entitled to. Hence my answer.
Yes the parent lives with us! If we contact a solicitor will they be able to do it for us??
Probably. But you'll need to be a lot more forthcoming with information when you talk to a solicitor. As the property is in your parents name, they will need a different solicitor to represent them. It sounds like you would also need to pay stamp duty on transfer.
You need to be much clearer if you've a question beyond this. The above is based on a guess of what you're asking.
By whom?
Was it by a solicitor or by someone who hadn't a clue what they were talking about?
Most likely someone who just didn't know what question they were answering......
Not without the owners signature they won't.
If I were advising the parent here, I would strongly recommend that they do not do this.
You should also take advice on taxation that might accrue.
I haven't been on here for a while!
Just to say that my situation has become increasingly worse!! We still don't have the property in our name, my mother is still living with the help of carers, my brother who inherited family farm has decreased his half of the payment for carers. I have threatened Nursing Home but it has just made matters ten times worse. You see I do not know who is next of kin or who has power of attorney. My mothers little bit of savings are gone towards paying for her care. I just want to leave now with nothing for the sake of a bit peace for us.
Is there any way out for us here??
Just to say that my situation has become increasingly worse!! We still don't have the property in our name, my mother is still living with the help of carers, my brother who inherited family farm has decreased his half of the payment for carers. I have threatened Nursing Home but it has just made matters ten times worse. You see I do not know who is next of kin or who has power of attorney. My mothers little bit of savings are gone towards paying for her care. I just want to leave now with nothing for the sake of a bit peace for us.
Is there any way out for us here??
PaddyBloggit
Registered User
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We don't live in North Korea. You are free to walk out.
But..... looking back over the thread; you haven't given any information of value that would help people to give you sound advice.
Give the whole picture. People may then be able to offer you advice.
If you and your mother both wish that your mother signs over the house to you then you need two independent solicitors.
One advising your mother (who will probably tell her she would need to be wary about signing away her assets, if she needs further paid care into her old age).
You need to be aware you may need to pay gift tax if you go over your life-time limit of inheritance. Your solicitor will help you with that.
You don’t need to know if your mother has a will or an enduring power of attorney in place but it probably would be good for family relations if you, your brother and your Mum were all in a harmonious family relationship and able to discuss such matters openly. If your Mum has a regular solicitor she may have been putting all of this in order in the last few years.
However if your Mum said to you, move in with me and mind me into my old age and I will give you the house and this is not in writing you might be better off if you had never moved in. A verbal promise is meaningless if one party starts to backpedal on it. (I am making an awful lot of assumptions here). So do you have anything in writing? Do you pay your mother rent, do you pay household bills, are they in your name? Do you have an agreement about anything. Did you Mum say 17 years ago, move in and we will sort it out afterwards. And why did you not push then to sort it.
If you have lived rent free there for 17 years you should have good savings (no mortgage or rent), so maybe it is time to regularise your life and get your own house. When your mum dies you may or may not get an inheritance but either way you should not rely on it for large life decisions, such as where you live.
It may sound callous but you need to prioritise yourself and your family. Paying for your mothers carers all sounds fine if you and your brother can afford it indefinitely, but it sounds like your brother is already running into issues with affordability.
And what your brother pays, inherits, behaved etc is really none of your business, he can act independent of your wishes if he prefers. So keep him out of your plans. Your mother is free to leave him the house if she wishes, she may think that hosting you rent free for 17 years was sufficient. It does not matter her reasoning, she is free to make her own decisions.
I realise I have made a whole lot of assumptions and all of them are probably wrong, but the reality is you may end up with no home in the not too distant future unless you take independent steps to look after yourself and your family. You may wish your mother and your brother behave in different ways than they are currently behaving, but you cannot force that and you should not consider their actions as them treating you badly, their desires and wishes do not have to align with yours. So try to keep the emotion out of it and stay in good relationship with your family while accepting your wishes may not come true.
One advising your mother (who will probably tell her she would need to be wary about signing away her assets, if she needs further paid care into her old age).
You need to be aware you may need to pay gift tax if you go over your life-time limit of inheritance. Your solicitor will help you with that.
You don’t need to know if your mother has a will or an enduring power of attorney in place but it probably would be good for family relations if you, your brother and your Mum were all in a harmonious family relationship and able to discuss such matters openly. If your Mum has a regular solicitor she may have been putting all of this in order in the last few years.
However if your Mum said to you, move in with me and mind me into my old age and I will give you the house and this is not in writing you might be better off if you had never moved in. A verbal promise is meaningless if one party starts to backpedal on it. (I am making an awful lot of assumptions here). So do you have anything in writing? Do you pay your mother rent, do you pay household bills, are they in your name? Do you have an agreement about anything. Did you Mum say 17 years ago, move in and we will sort it out afterwards. And why did you not push then to sort it.
If you have lived rent free there for 17 years you should have good savings (no mortgage or rent), so maybe it is time to regularise your life and get your own house. When your mum dies you may or may not get an inheritance but either way you should not rely on it for large life decisions, such as where you live.
It may sound callous but you need to prioritise yourself and your family. Paying for your mothers carers all sounds fine if you and your brother can afford it indefinitely, but it sounds like your brother is already running into issues with affordability.
And what your brother pays, inherits, behaved etc is really none of your business, he can act independent of your wishes if he prefers. So keep him out of your plans. Your mother is free to leave him the house if she wishes, she may think that hosting you rent free for 17 years was sufficient. It does not matter her reasoning, she is free to make her own decisions.
I realise I have made a whole lot of assumptions and all of them are probably wrong, but the reality is you may end up with no home in the not too distant future unless you take independent steps to look after yourself and your family. You may wish your mother and your brother behave in different ways than they are currently behaving, but you cannot force that and you should not consider their actions as them treating you badly, their desires and wishes do not have to align with yours. So try to keep the emotion out of it and stay in good relationship with your family while accepting your wishes may not come true.
I'm puzzled about the family farm - how could your brother inherit if from your dad if your mum is still alive as she would've owned it jointly if they were married? (Again I could be making wrong assumptions in the absence of more information). If your brother inherited the farm did you inherit anything? Maybe you inherited the house you're living in and your mother has a life interest?
I don't like the expression about threatening a nursing home. Whose choice is it for your mother to live at home with carers - yours or hers? It's the Public Health Nurse who would decide if her needs are high enough to apply for Fair Deal. Otherwise she'd have to pay the full cost of a nursing home
I don't like the expression about threatening a nursing home. Whose choice is it for your mother to live at home with carers - yours or hers? It's the Public Health Nurse who would decide if her needs are high enough to apply for Fair Deal. Otherwise she'd have to pay the full cost of a nursing home