Signing house over to daughter.?

Question

my friend remarried nearly 5 years ago - her husband is being a nightmare. she bought the house outright with her own money. 99%

of the furniture is from her old house and her husband has done nothing

to up the value of the house. he does contribute towards utility bills etc.and they both work full time - there are no children living in the house.

she has told him she wants a divorce because of his behaviour and he

says he is entitled to half the house because they are marriedbut he doesn't really think she will divorce him. yet she

has provided a free roof over his head and he would have had to pay utilitity bills if he lived alone. it was suggested that she signed the house over to her daughter "rented" it back from her and then he couldn't claim half. she was just going to sell it but with the property market there is no chance. after she divorced him she would then by the house back for a nominal sum say £5. is this legal - england only

Answer 1

There are three words you really need to know: -

SOLICITOR

SOLICITOR

SOLICITOR

Don't do anything without one.

Answer 2

Don't know.

But risky to sign over to the child.

Regardless of whose name the property is in a court may order it to be transferred to the other and this applies to all property owned either by husband or wife as well as that which may be owned jointly.

I would recommend she consult an attorney in UK.

Answer 3

in the USA that wouldbe illegal on many grounds.

Talk to a lawyer and see if he is entitled to 1/2 the house.

In the USA in many states if it was bought BEFORE the marriage, then it is her.

Once a couple get married,  everything is 50/50 no matter who does what.

Answer 4

If she sells it to her daughter, her husband would be entitled to half of the proceeds.  If that is a small amount, he will get a small amount.  If she buys it back after the divorce, he could still claim half the value.  Signing it over would not protect it.

Answer 5

Everytime you buy or sell a house you should consider the taxes that would have to be paid.  By "signing the house over"  there may be an important tax issue there

Answer 6

Never EVER EVER EVER transfer your home to anyone without consulting a lawyer or solicitor.  No one here knows your situation & any advice they give is worse than useless -- it is dangerous.