Selling A House To A Relative

[Ric.ror]

My sisters son and his girlfriend have decided to end their relationship. She and their child are currently still living in the house he owns. If he was to sell the house to my sister for the amount he owes on it now would that be possible and would it mean that his ex girlfriend has no claim on the property as he would not have any equity in it?
Hope this makes sense

[Ric.ror]

What I haven’t mentioned is she is already seeing someone else (nothing to do with him) but she is hinting he will be ‘staying’ over

[woofgang]

Ric i don't think that is relevant.

[Rockrose]

Woofgang is correct it’s not relevant at all

[Ric.ror]

I only pointed it out because my nephew doesn’t want him staying in his house where his child is. What she chooses to do away from there - whilst he has the child is entirely her own business

[Rockrose]

Again if the relationship is over he really can't do a lot about who she has to stay.
is he never going to have another relationship?

[Ric.ror]

I disagree- firstly it’s his house and his child - I think it would be bad parenting not to have some concern about his child and who is paraded in and out of their home environment - anyway that’s only my opinion - my nephew may have other ideas

[woofgang]

You can agree or disagree all you like, the law won’t care.

[Peter Pedant]

erm I really think you need professional advice on this
Barmaid might stick her pretty locks in AB soom

[AuntLydia]

I would be nice and polite if the OP actually acknowledged some of the sound advice given in this thread instead of dwelling on what he perceives as the immoral behaviour of his nephews ex.

[Tilly2]

She, Aunty Lydia.

[Ric.ror]

I am most definitely very grateful (as I always am) for all the advice given here. Sometimes when making the initial post things are left out and are added afterwards when certain answers prompt further information. I am sorry if I have appeared ungrateful for any advice given as this most certainly was not my intent

[Barmaid]

It makes sense, but the Court would still entertain a claim from her. Indeed, the Court would not look kindly at him effectively trying to defeat her claim in that way. If I am right, it sounds as if he owned the property before she moved in. Depending on what they may have said to each other and what monies have been expended she may be able to persuade a Court that she has a beneficial interest under Trusts of Land and Appointment of Trustees Act (Tolata). However, the biggest danger for him is an application under the Children Act since they have a child together.

Plus of course, if the gf is half sensible, she'll have put a restriction on the title which will prevent a conveyance in any event.

[Peter Pedant]

thank you Barmaid
I wondered what the presiding principles were

[Ric.ror]

Sorry not to get back in touch for so long and I would like to thank you all so much for your answers
I doubt it’s going to be pretty or that easy - she seems determined to get a share despite the financial problems she’s caused in the past. It would not be so bad if he could put any equity she can claim in trust for the child - it’s the only way to stop her squandering it. The child will be well provided for by my sister and her son