Proving a property was gifted

[onedah]

Hi there, my mum gifted me her house in 2009 and we transferred the deed via lang registry at that time. She unfortunately passed away a few years back and I ended up selling the house last year. I am currently going through a divorce and need to prove that the property was gifted however with mum passing and no other paper work apart from land registry completing the transfer of the deed I have no other evidence. Any idea how I can prove that it was indeed a gift for my divorce?

You should have had a legal letter drawn up at the time of transfer.

Why didn't this happen?

However it was gifted to you during your marriage and more than 7 years before he death I'm pretty sure it will still be considered a marital asset -- all financial assets are shared unless otherwise protected in trust at the point of receipt

I don’t know how @LostittoBostik can be so sure it is a marital asset to be shared (presumably equally). The fact that you brought this asset in to the marriage is very much a relevant factor.

It matters little where you got it from. It’s more important that it was not generated by marital effort. The Land Registry may well still have a copy of the TR1, so check with them.

@LostittoBostik love your user name.

La la laaaa

@LostittoBostik At the time I completed a TR1 and did the transfer, wasn’t aware I needed something but I can’t change the past.

thanks for the idea about TR1 form, I’m contacting land registry to see if I can get a copy of what was completed.

btw: I now live in the US and they don’t have a time limit on when something turns from a gift to community property hence my original question.

I would be more worried about CGT. Was it paid on the gift?

Not the finest point to have tried to make:

1. CGT not paid on gains from principal private residence.
2. Would have been the mother’s bill to pay anyway.
3. It was years ago.

I recently sold the house and paid CGT and yes you are correct my mother did not pay any.

😊

When did you marry / separate?

Unless you know divorce law in the US state OP lives in (and she hasn’t said which one she lives in) I’m not sure what use this information is.

@Collaborate usually the length of the marriage is a factor (and will determine things like asset division / property split) no matter where you are, in the UK or the US. Hence my question.

Thanks for your kind words @Collaborate Is it open season in snide remarks?. So I see CGT was paid and could have been an issue. It’s not. Great. My question arose as it appeared it was not the main home for op as she’s in the USA.

@Collaborate is a lawyer and has genuine expertise in this field, and hasn't just picked up information from her husband or through knowing her children's friends