Transfer of site to family member

[IMF]

Aplogoies if I have this thread in the wrong section.

I am the wife whose husband owes farm land. My husband is the sole registerd owner of the lands.

Can my husband transfer a site to our daughter without my consent?

All I know is that I have rights under the 1976 family home protection act.

 

[Vanilla]

He can transfer without your consent however this type of transfer could be considered a reviewable transaction if there are family law proceedings afoot- ie if you separating/separated. The solicitor involved would probably advise that it would be best to seek a declaration signed by you too, confirming your agreement to the transfer and that it is not a family home, whether family law proceedings are taken etc.

It sounds like you do not agree with the transfer, you should probably seek independant legal advice yourself if, for example, you consider the site an asset over which you should have control, you are considering separating and want to safeguard your entitlements or so on.

 

[IMF]

The solicitor involved would probably advise that it would be best to seek a declaration signed by you too

This sounds familar to me. A couple of years ago my husband and I signed a form relating to our family home when we were transfering a site to our son.

I better explain the situation more - My husband transfered the site to our daughter who then transferred it to her husband. I only became aware of the situation recently. My daughter has told me that she believed she was only transfering part of the site to her husband but instead her husband is now the owner (but as far as I know is not the registered owner yet).

I am really upset that her husband is now the owner of a piece of our farm. I have not signed anything for this transaction.

 

[micheller]

My husband transfered the site to our daughter who then transferred it to her husband. I only became aware of the situation recently. My daughter has told me that she believed she was only transfering part of the site to her husband but instead her husband is now the owner (but as far as I know is not the registered owner yet).

Are you sure he is the full owner, and that it wasn't transferred into Joint names? Transfer into joint names may have been necessary for them to get a mortgage to build on the plot.

I am really upset that her husband is now the owner of a piece of our farm. I have not signed anything for this transaction.

Once the land was transferred from you to her, that would be all that was necessary and you would not have to sign anything for her to do as she wishes with 'her' site.

 

[IMF]

When we transferred a site to our son a couple of years ago my husband and I both signed the following form 'Statutory Declaration of husband & wife the property is not a Family Home'.

I did not know that my daughter was getting a site and therefore did not sign a Statutory Declaration form. Does this make the transfer of the site void?

Are you sure he is the full owner, and that it wasn't transferred into Joint names?

The paperwork from my daughters solicitor says the site was transferred in 'full' to him from my daughter. My daughter is very down over this as she has said she thought the site would be in joint names. The husband borrowed money from a bank who now say they have the site as security.

HELP

 

[micheller]

When we transferred a site to our son a couple of years ago my husband and I both signed the following form 'Statutory Declaration of husband & wife the property is not a Family Home'.

I did not know that my daughter was getting a site and therefore did not sign a Statutory Declaration form. Does this make the transfer of the site void?

Sorry, I don't know the answer to that

The paperwork from my daughters solicitor says the site was transferred in 'full' to him from my daughter. My daughter is very down over this as she has said she thought the site would be in joint names. The husband borrowed money from a bank who now say they have the site as security.
HELP

Oh dear, if she wasn't made aware that the site was being fully transferred then she should take it up with the solicitor, and there could be other liabilities she might need to be aware of too. I think you can only dispose of a plot to a child to build a Primary residence with no CAT/CGT issues.

You really need to speak to the solicitor now..

 

[Vanilla]

I find it hard to believe that you didn't know your husband transferred a site to your daughter. Are you separated? ARe you in touch with your daughter?

If you are separated or in the course of separating then perhaps the transfer might be considered a reviewable transaction in the context of a division of assets.

However it seems to me that what you are unhappy about is that your son-in-law seems to have become the sole owner- not really the fact of the initial transfer to your daughter. Again, I find the fact that the site was transferred out of your daughters sole name into her husbands sole name quite astonishing and think your daughter should have ( and more than likely would have) been advised very strongly about what she was doing. There would have been no need for it to be transferred into her husbands sole name in order for him to raise finance on it- much more normal would be if it were transferred into their joint names.

 

[IMF]

I find it hard to believe that you didn't know your husband transferred a site to your daughter. Are you separated? ARe you in touch with your daughter?

I did'nt know about the initial transfer from husband to daughter. I am very concerned that I was not told and it has obviously put a big strain on relations within the family. My daughter was not aware that she was transferring the site completely over to her husband, solicitor has now admitted to her that she was not advised properly about what she was signing.

As mentioned previously - I signed a statutory declaration when a site was been transferred to my son. I do not understand how in an identical situation I was not asked to sign a declaration before the site was transferred to my daughter. The same solicitor was involved in both transfers.

 

[mf1]

"My daughter was not aware that she was transferring the site completely over to her husband, solicitor has now admitted to her that she was not advised properly about what she was signing. "

Brilliant! She did not know what she was signing but she signed it anyway! And is it the case that she knew what she was signing when she signed it but now, because something else has happened, she has disremembered what it was she was signing but because her solicitor thought she knew what she was signing, did not advise her to get independent legal advice.

"I do not understand how in an identical situation I was not asked to sign a declaration before the site was transferred to my daughter. The same solicitor was involved in both transfers. "

Why do you think your husband did not tell you?

There is so much more to this query than is being disclosed. Are you all trying to find a way to get the site transfer to your daughter/her husband revoked?

mf