House deeds in one name only. Advice on Implications.

nolj

My parents bought their house in the early seventies , mortgage was in both names however that is since paid off. When they recived the title deeds they discovered the house deeds are in my fathers name only. (Suspect this was not unusual in that era!)
Should my father predecease my mother what implications if any would there be ?

Peregrinus

Simple answer: depends on what's in your father's will. (He has made a will, hasn't he?}

More complicated answer: depends on what's in your father's will and on whether, if your mother doesn't like what's in the will, she is disposed to bring court proceedings arguing that, notwithstanding what it says on the title deeds, she has acquired part-ownership of the house on the basis of her contributions to the repayment of the mortgage.

Simplest answer of all (and the correct answer): Your father should go and see a lawyer. Much, much cheaper, and much easier for everyone involved, to sort this out now rather than after your father has died.

Addle

I think the law regarding the family home will override any will.
I helped my parents and some relations create joint tenancies in their family homes by sending this form to the land registry-FOR FREE. We didn't use a solicitor and it was all sorted with no expense.
http://www.prai.ie/download/all-forms/lr-forms/transfers/Land%20Registry%20Form%2019.doc
http://www.prai.ie/faqs/what-are-the-fees-payable-for-a-transfer-between-spouses/
http://www.prai.ie/family-home-and-family-law-acts/#7

Peregrinus

Addle wrote: »

I think the law regarding the family home will override any will.

Yes, it will, as will the law regarding a spouse's rights on death. But they won't operate so as to give the OP's mother sole ownership of the home, which may be the outcome that would be desired.

dearg lady

If it seems like it will cause any issues your dad should simply gift half the house to your mam now.

seamus

As Addle advises, get them to transfer the property into joint names, asap.

If they're not comfortable filling out the forms and stuff themselves, then using a solicitor won't be expensive as it's not a big job.

As Peregrinus alludes to, the death of your father while the house is in his name only will ultimately make the inheritance/will issue more complicated than it needs to be.

Presumably like most families your preference would be that your mother inherits the house in full and continues to live in it for the rest of her life. And in that regard, simply adding her to deed the is the simplest way to guarantee that.

amtc

Or you could do what my parents did. House is solely in my mother's name. My dad signed it was not a family home.

mloc123

amtc wrote: »

Or you could do what my parents did. House is solely in my mother's name. My dad signed it was not a family home.

Does this not just reverse the problem... as in, what happens if she dies first?

pinkypinky

Put the house into joint names now. Then there's no issue when either dies. As a joint possession, it won't form part of that person's estate. All that will need to be done then is a change in the Land Registry from 2 names to 1 name, which is only to tidy it up.

amtc

mloc123 wrote: »

Does this not just reverse the problem... as in, what happens if she dies first?

There was more to it than that!

Anyway there's a good number of years between them.

mloc123

amtc wrote: »

There was more to it than that!

Anyway there's a good number of years between them.

Yes... but the OPs concern is about what happens to the house if his father dies first, by transferring it all to his mother the same situation exists in reverse.