how could I change the ownership of my mother's house from her name to my name?

Question

My mother is still alive but would like to have me as the Registered Owner of the House of which she has completely paid off the mortgage.

I live in the UK.

Answer 1

There are 3 registers involved in owning your house. Charges Reg; Property Reg and Proprietorship Reg. You will need a solicitor to change the the Proprietorship Register, after which you will become a legal owner.

What you must consider is whether you wish to co-own with your mother as Joint Tenants or Tenants in Common. It is really important to think about this.

Under a Joint Tenancy the right of surviviorship prevails. That is when one of the Joint Tenants dies their 'share' automatically shifts to the remaining tenants. Leaving their share by means of a Will to someone other then a joint tenant will not work, it automatically carrys to the remaining co-owners.

Alternatively you could sever your Joint Tenancy and have a Tenancy in Common, under which each co-owner can leave his share to anyone he likes.

Should you wish to sever your Joint Tenancy (after you become a registered legal owner) talk to your solicitor about severing you JT and thus creating a Tenancy in Common - its really easy.

Good Luck

Answer 2

I am concerned about the wording. You can't take charge of this matter: it is entirely for your mother to do. It is her property and only she can decide to transfer it to you.

Presumably she wishes to transfer it to your name because that way, if she lives another seven years, inheritance tax can be avoided. There is also the advantage that if you own it instead of her the local authority can't attach a charge to it if she needs to go into residential care. But all this requires proper legal advice and the land would have to be conveyed to you by way of a deed of conveyance. You should arrange for your mother to see a solicitor. As well as carrying out the conveyance, he or she would be able to advise on tax.

Answer 3

This can be done but you will need a solicitor to sort it out for you, BUT please remember that if at a later stage she needs to go into residential care the state can order the house be sold to pay for her care. There is a time limit on that though which I think is something like over 10 yrs you have to be the owner, the solicitor will be more qualified than me to advise you on any loopholes the state would have to claim the house to sell.

Answer 4

She has to sign it's deed to you-see a solicitor.

Answer 5

Make sure you are set to inherit it and sit back and wait for the cash to come rolling in.

Answer 6

u need a solisitor to sort this, also unless you live at the address the house could be sold to pay for residentail care should she ever (god forbid) need it.........

Answer 7

you need a solicitor i am afraid,been there done it