What if property is all in husband's name?

[puffinsaregood]

My father inherited several properties before my parents married, and took out a bank loan to pay the inheritance tax. He paid this off through their lengthy marriage. One is the family home, others are rented out. Only his name is on the title deeds and he has refused to add my mother's name, saying it is too expensive as they would pay tax on transferring assets to her.

Does my mum have any ownership of these properties now? Can she leave anything in her will?
If he changes the ownership to tenants in common or joint tenants is there a tax or other charge to pay?
What would be the best option for my mother, Joint tenants or tenants in common? She wants a recognition for her stake in these assets, and to be able to make a will leaving them to their children (although allowing him to remain in the family home for his life span).
If he refuses to put my mother on the deeds, is there anything she can do to gain some ownership?

I have no idea but you and your dm should talk to a solicitor to find out.

Cant help with the legal side but your father's claim about tax is wrong. There is no tax on transfers between spouses. If your mother is the lower earner it would actually benefit them to put half in her name as then half the rental profits would be taxed as hers, i.e. at lower rates.

To add to what riksti posted, there would also be reduced CGT when the properties are disposed of as there would be 2 personal allowances to set against the tax and 2 lower rate tax bands. The only cost would be modest land registry and legal fees.

If there is no mortgage any more than there is no stamp duty if one spouse transfers a property into joint names. If there is a mortgage a load of stamp duty has to be paid so often that is a good reason not to do it.

As there is no mortgage it is really simple and not expensive to put into your mother's name jointly BUT your father cannot be forced to so just as he cannot force your mother to put any assets of hers in his name. If he dies your father can leave his assets to whoever hel ikes in his will but if he makes no provision of his spouse she could claim some (not all) after death under legislation.

If they divorce it does not matter whose name the properties are in as they are all put in the pot. So death is your mother's biggest risk - has she seen his will? if it's all left to her anyway she will be okay (unless he changes the will later).

She has seen his will and it is all left to her, but for various reasons she does not entirely trust him to not change this in future.
She would also like to leave something to their DC in her will, if she dies first she worries he won't consider their children in his will.
He has told her he can't transfer anything to her as they would incur substantial CGT. She has believed this as he would know the relevant law through his work, so it would be unlikely that he would be mistaken. I suppose he must be lying then....
I have of course strongly encouraged her to see a Solicitor, but as she believes what he told her she has not seen this as a priority.
If it emerges that he lied to her to avoid sharing his assets, she would need to decide what to do. I suppose the only options are to accept it, divorce him or give him an ultimatum. Are there any other options?
They have been married many decades and this is their family home and she has supported him A LOT so his position is unfair.

She also does not have many assets or money herself, so if he made a revised will that did not provide for her she may not have lots of money for legal fees to contest the will.