Client, Married but the sole owner of her property. To effect a severance or other solution) what would need to happen to put the husband on the deeds, or alternative solution to protect the property after first death. What I don’t want is the property to pass absolutely to the husband on her death (as a scenario). Ideas please?
Cheers - Chris (Rugby Wills)
As a possibility, could the client simply change the ownership to Tenants in Common and gift 50% to him. Also making a Will to pass her property share to the children on death with life tenancy to husband. Alternatively a Will that gives just a life tenancy to husband and the whole property to the children in Trust.
Deed of Gift and declaration of trust, registered at HMLR, then life interest trusts in mirror wills.
Not quite sure how to sever as it’s a sole ownership not joint tenants?
A sole proprietor has nothing to sever until there is co-ownership.
To clarify my earlier answer, as I understand it, to transfer a property to your spouse it is simply an application to the land registry with no stamp duty land tax being payable.
You’ll need to transfer 50% of the property to her spouse to make ownership then as Tenants in common. The property doesn’t automatically go to the other owners if you die. She can pass her share of the property in her Will to whoever she wishes. I hope this helps.