General Chat

hi there dies anybody know the legal position re signing you home to your family whilst you are still alive. what happens if two years on you become ill and have to go into a home?can the house be reclaimed by the council or whoever to pay the care home fees? this would be for scotland as i think there are different rules for england. i had a search around but couldnt find an answer. any legal eagles about tonight with some advice please?

I just googled Giving your house away and there are loads of sites to look at with information - I did not differentiate between countries so it would be better to add Scotland to the words I googled to be sure you are getting the correct info.


this site looks good:

www.justanswer.com/questions/1u095-in-scotland-i...

Can be done by deed of gift, I think its got to be held for 7yrs,after that I don,t think they can claim. Best to do it through a Solicitor and they will give all the relevent details.Other than that,Try the Citizens Advice .**M**.

You will need a specialist solictor to effect this, some transactions can be regarded as fraudulent so you MUST get a legal opinion.

Good luck

Sue xx

Get advice from a solicitor.
A friend of mine just the other day was talking about that.
She wanted to put hers in sons names, she was told that their wifes if any, even though they later separated can demand that it be sold.Or something along those lines. It's not as clear cut as you think.

CAB will give you some advice too.

hi all thanks for all your advice. i actually live in scotland and someone recently told me that if more than 7 years has passed since making the will, the property that has been promised on death cannot be taken away from the beneficiary if they go into a home before they die. i have never heard of this rule before. so i think i need to go to local solicitor and check it out, as someone said its not as straightforward.
thanks again folks for you help, much appreciated.

hi psd, i looked at the site just ask and after signing in ,creating password etc, i finally got to ask a question.guess what it came back to get a reply the fee for this will be £11.00, so i left it there!!theres always a catch somewhere i guess! thanks anyway for helping

I suppose if the answer is a full one £11 is cheaper than a solicitor's fees, but there are often solicitors who will give half an hour for free.
Hope you can find out - let us know the outcome please, will you?

Lizx

I suppose if the answer is a full one £11 is cheaper than a solicitor's fees, but there are often solicitors who will give half an hour for free.
Hope you can find out - let us know the outcome please, will you?

Lizx

Not sure whether my memory is playing up..........but I am sure I came across someone years ago who actually SOLD her house to a family member for say £50.00..I suppose you can sell your property for whatever you want..........but sounds too easy as a way of getting out of the 7 year itch!..........or is it?

Annx

Hi Christina

I'm not a solicitor, so my opinion isn't of any legal standing. I'm guessing that your house is (one of) the biggest asset you have.

In that case, I wouldn't personally leave it up to good GR folks to influence how you choose to dispose of it (unless there's anyone legally qualified on the boards of course).

My advice - get a good solicitor who's experienced in this area of the law. If you're not sure, your local CAB will be able to point you in the right direction .

Sue x