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Property deeds transfered into my Partners name
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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No best answer has yet been selected by bevans5803. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.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.