Can A 16 Year Old Be Put On The Deeds Of A House?

[SherryBea]

OH & I are looking to build a bungalow which will be our main residence. By the time we have built it my son will be 16. Can he be included on the deeds as Tenant in Common or would we have to wait until he is 18?

[New Judge]

A minor under the age of 18 cannot own land or property in the UK. His share would have to be owned in trust by trustees (who could be you and your OH) for his “beneficial ownership”. However, before you worry about whether it’s possible you need to think about whether it’s desirable.

There are many scenarios but here’s just one. If you or your OH dies the survivor (as a tenant-in-common) will own one third of the house. Your son will own one third and the deceased’s third will either be bequeathed as part of the deceased’s will or (if no will exists) will be distributed under the intestate rules. If your son acquires this third through either of those methods and thus will own two-thirds of the house the surviving partner, with a one third share, will be in a very vulnerable position.

You have not explained your circumstances but you mention “my” son, giving an indication that he is not the product of your current partnership. If your OH is not his true parent and you die first, your OH will find him/herself with a third share in a house where the other two thirds are owned by a person who is not his/her son. I know this all sounds very pessimistic but dreadful family fall-outs often ensue from such situations (even though the arrangements are made with the best of intentions when everything is hunky-dory).

You should not embark on this without taking legal advice. At the very least you should have an agreement drawn so that in the event of the death of one of the three of you the survivors can remain in the house should they choose to do so. It sounds a bit clinical and hopefully it is unnecessarily so, but awful situations develop years later for the want of a bit of thought at the state you are now at.

[ubasses]

Another issue to consider, will you need a Mortgage?, while Mortgage Companies are happy to accept a Letter of Consent for adult children living in the house you will probably struggle to get a loan if he actually owns a proportion of it.

To add to New Judge's scenario, should your son ever end up in a marital dispute in the future, his share would be classed as part of his assets for a settlement which could leave you all in a difficult position.

[hc4361]

Also, if your son is ever in financial difficulties his share in the property could prevent him from getting benefits and will be an asset if he gets in to debt.

[SherryBea]

Thank you all for some thought provoking answers.

He is 'our' son. The reasoning behind adding him to the deeds of the new bungalow ( which will be mortgage free) are too complicated/personal to go into , apart from to say we need to ensure his long term security.

My parents did something similar years ago but there are 3 of us. Since the death of my mother me and my siblings own one sixth each of the property my father still lives in, he owns one half. My sister got divorced a few years ago and her portion of ownership in my father's house was not counted as part of her Assets, perhaps they had a pre-nup I'm not sure.

I think we will go down the 'beneficial trust' route no doubt we will have to get solicitors involved. Thank you to all who answered.

[THECORBYLOON]

The age of legal capacity in Scotland is sixteen so someone of that age CAN own or sell property in Scotland.