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Property deeds transfered into my Partners name

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bevans5803 | 13:08 Mon 04th Apr 2005 | Business & Finance
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My grandfather transfered his property valued at 20,000 into my partners name in 1998. My partner took on his outstanding mortgage for 12,500 and gave him in return a tenancy on the property with very low rent. Property prices have sored in recent years and it is now worth around 60,000. My aunt has stated the agreement was unfair because the property has gone up in value by so much and is trying to challenge the transfer. (she wants a piece of the action). Can the transfer be challenged after 6 years and would she be able to put together a case which could reverse the transfer. My partner has paid the mortgage on the property for the last 6.5 years and recently redeemed the mortgage.

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Assuming you live in England or Wales then your Aunt has no right to challenge your Grandfather's transactions. It was his property and he could what he liked with it. The only exception to that would be if your Grandfather was not mentally capable of dealing with his own affairs at the time of the transfer, and even then she would not be able to make a claim on her own behalf, but only for his benefit, and only with variojus other issues to be considered that I shall not trouble you with.
I doubt that if property prices hade fallen your Aunt would have been begging to be allowed to help make up any defecit.
The price paid of 12500 against the value of 20000 does not look unreasonable ignoring house price inflation.
NB The arrangement you describe may be caught for Income Tax purposes under the provisions of S15 of the Finance Act 2004.
NB Your partner will be liable for Capital Gains Tax if he sells the property in the future.

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Property deeds transfered into my Partners name

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