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Deeds transfer

4 replies

botchartistsunited · 20/02/2024 14:11

Hello, I have a question that I think should have an easy answer, but I'm worried there may be complications I haven't considered.
A bit of background....in 2001 I was pregnant working part time and living in an overcrowded home, not really moving up the housing list.
I could not get a mortgage on my income, but I knew I could afford to pay it, so, Mum agreed to get the mortgage in her name and I would repay her monthly by standing order.
I found a house in the price bracket I could afford, an auction property that needed lots of work. Mortgage company were ok with it being an auction property.
I paid for all the searches.
"We" won the auction.
I paid the deposit.
I paid all the legal fees.
Mum paid the mortgage from her account and on the same day my standing order transferred the money into her account.
The mortgage lasted for 15years
Never a missed payment.
The deeds were sent to me in the post.

The issue... I (we) never got around to changing the name on the deeds/land registry once the mortgage was fully repaid it's still in Mum's name.

Both Mum and I want it transferred officially to, solely me. Mum is in her 80's now and of sound mind, fit as a fiddle. I'm concerned that there maybe complications regarding Inheritance tax, questions regarding "gifting" or other such problems that might arise from sudden death/wills (I hate and find it upsetting I've had to write that, I do not expect her to pass for a great many years yet)

Can anyone give me any advice on how to go about this?
I'd like to reiterate Mum has not paid a penny towards the house at any point. All money regarding the property has come from me.
Thanks in advance for any advice you could give.

OP posts:
ConflictedCheetah · 20/02/2024 14:14

I don't know the details and I'm sure someone who does will come along shortly but I would suspect that you'd also need.to be careful it's not seen as deprivation of assets, should your mother require care in the next few years.

botchartistsunited · 20/02/2024 14:30

Thanks for your reply,
Yes, I think there are quite a few things that need to be considered. I'm hoping that because I have all the statements from my bank showing the monthly payments for 15 years might prove it's my house, even though legally it's not of course.
We didn't really think about this at the end of the mortgage... just muddled on... it's only now become a bit of a concern.

OP posts:
Silverbirchtwo · 20/02/2024 14:32

You need to see a solicitor and get it done properly and officially. Lots of potential problems.

Spirallingdownwards · 20/02/2024 14:33

Because the house is in her name if she now "gifts" it to you ie transfers to your name she will be liable to capital gains tax on the difference between the purchase price and current value less CGT allowance before you have any deprivation of assets claims. Get legal and tax advice.

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