Hi,

I have a question in regards to the request for the return of a property
bought as a gift.

The scenario is as follows.

- Couple sell investment property and offer to buy their son a unit as a
gift.

- Son accepts and unit is purchased and put in his name.

- Son lives in unit for about 4 years.

- Parents decide to divorce and threats are made to take action against the
unit by one of the parents due to spite arising out the support of the other
parent.

- Threats are based on the property being purchased solely with the proceeds
of the sale of investment property by parents.

Are there any legal grounds to this seeing only the son's name is on the
title? Also how hard is it to prove the gift?

Thanks

On 26 Sep, 06:00, "Rambler" wrote:
Hi,

I have a question in regards to the request for the return of a property
bought as a gift.

The scenario is as follows.

- Couple sell investment property and offer to buy their son a unit as a
gift.

- Son accepts and unit is purchased and put in his name.

- Son lives in unit for about 4 years.

- Parents decide to divorce and threats are made to take action against the
unit by one of the parents due to spite arising out the support of the other
parent.

- Threats are based on the property being purchased solely with the proceeds
of the sale of investment property by parents.

Are there any legal grounds to this seeing only the son's name is on the
title? Also how hard is it to prove the gift?

Thanks

It doesn't matter. A gift is a gift, and what that means is that
ownership of whatever is gifted passes to the recipient. Unless
clearly indicated at the time, and able to be proved now, that it was
a gift with reservations, whoever provided the money for its purchase
is irrelevant; it is the absolute property of the son, as evidenced by
his name being on the deeds.

I have a question in regards to the request for the return of a property
bought as a gift.
The scenario is as follows.
- Couple sell investment property and offer to buy their son a unit as a
gift.
- Son accepts and unit is purchased and put in his name.
- Son lives in unit for about 4 years.
- Parents decide to divorce and threats are made to take action against
the
unit by one of the parents due to spite arising out the support of the
other
parent.
- Threats are based on the property being purchased solely with the
proceeds
of the sale of investment property by parents.
Are there any legal grounds to this seeing only the son's name is on the
title? Also how hard is it to prove the gift?

1. In whose name is the property registered at the Land Registry (assuming
we're talking about England or Wales here)?

2. Was the gift declared to the Inland Revenue at the time it was made?

Rambler wrote:
Hi,

I have a question in regards to the request for the return of a
property bought as a gift.

The scenario is as follows.

- Couple sell investment property and offer to buy their son a unit
as a gift.

- Son accepts and unit is purchased and put in his name.

- Son lives in unit for about 4 years.

- Parents decide to divorce and threats are made to take action
against the unit by one of the parents due to spite arising out the
support of the other parent.

- Threats are based on the property being purchased solely with the
proceeds of the sale of investment property by parents.

Are there any legal grounds to this seeing only the son's name is on
the title? Also how hard is it to prove the gift?

Apart from this NG and aus.legal, where else have you asked? The bottom
line will be the same, in principle, but it might be relevant to know the
location of your scenario.