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Joint tenancy and will query please
Suzie Jones
Posted: 29 August 2019 18:46:27(UTC)
#1

Joined: 29/08/2019(UTC)
Posts: 1

Hi all,

My mum and her partner would like to purchase a house outright for me. My mum would like the property to be put in her or my name but her partner doesn’t want this.

He would like to be joint owner of the property with my mum and said that he would leave his half of the property to me in his will. This is slightly worrying as wills can easily be changed and if my mum were to pass first she thinks he may change his mind down the line. They can’t have a joint will as he has a lot of complicated finances with his family with shared bank accounts and stocks and shares etc so would be a nightmare.

My question is, is there any way that they could put the house in their joint names and have something l legally binding like a deed or something that states he leaves his share to me that cannot be changed in the future?

Many thanks
Suzie
jeffian
Posted: 30 August 2019 18:53:37(UTC)
#2

Joined: 09/03/2011(UTC)
Posts: 954

Hi Suzie,

There is a conflict in these statements -

"My mum and her partner would like to purchase a house outright for me."

"My mum would like the property to be put in her or my name but her partner doesn’t want this. He would like to be joint owner of the property with my mum and said that he would leave his half of the property to me in his will."

So they're not buying it "outright" for you at all; they're buying it for themselves with the stated intention that they will leave it to you when they die. This brings all sorts of issues into play, particularly in relation to Inheritance Tax. If they give you the money to buy it outright yourself, that is a gift which is a Potential Exempt Transfer (PET) and as long as they live 7 years, that's an end of the matter. If they buy it in their own names, if they leave their shares to each other they will potentially incur IHT (a common misconception is that "partners" are treated as married couples for IHT. They're not) and if they leave it to you, the property will form part of their estates and potentially incur IHT on the value at the date of death (not the price they pay now).

I'm not sure why they want to do it this way but if they want to give you a property "outright", it should be your name on the title and yours alone.
ANDREW FOSTER
Posted: 30 August 2019 20:00:29(UTC)
#3

Joined: 23/07/2019(UTC)
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You are right, will's can be changed, and often are. There is no security in this at all, and to be honest it raise a considerable eyebrow regarding the reasoning...

There are of course two ways a property can be held, Tenants in Common and Joint Tenants (or something like that)

In one the property passes to the survivor automatically, in the other the "half" when someone dies is passed as part of their estate. Suggest you read up on this.

They clearly aren't buying it for you outright if they are retaining the ownership...

1 user thanked ANDREW FOSTER for this post.
Jon Snow on 10/09/2019(UTC)
Alan Selwood
Posted: 30 August 2019 22:00:38(UTC)
#4

Joined: 17/12/2011(UTC)
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This is one of those complex situations where the proper way to do it is for all the interested parties to have a joint appointment with a well-qualified solicitor.

But from what has been said, I don't think there is any chance of this happening, nor of you ever owning the house.

The only likely solution I can see working is for your mum to give you the cash outright to buy the house in your own name, if she has the funds to do this, and if this action does not create her partner's anger.

One other point : if mum and partner already own one house, a further house that they buy in order to leave it to you (or not) later will incur a 3% stamp duty surcharge payable by them.

I think Jeffian said everything else worth knowing.
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Mostly Retired on 31/08/2019(UTC)
philip gosling
Posted: 31 August 2019 07:39:56(UTC)
#5

Joined: 06/01/2013(UTC)
Posts: 1,191




Ask your mum to just gift you the money she has available now.

Then it becomes liable to IHT clawback for 7 years. Her partner has other family let him look after them .

If its not in your name the house will possibly likely never be yours.

If he is as generous as you infer he can always add a little money of his own to your mum's gift.
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