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Fair Deal & Joint Ownership Question

  • 13-08-2024 2:45pm
    #1
    Registered Users Posts: 6


    This is something I cannot get a definitive answer on: I jointly own what was my mother's home 50/50. She signed the Deed of Transfer of the house in 2017 but for some reason, it was not registered by her solicitor with the Land Registry until 2020. Under the Fair Deal, any assets transferred less than 5 years from the date of application are chargeable. What I need to know is what date do the HSE take into account? I am told by solicitors that it is when she actually signed the Deed of Transfer but does anyone here actually know?



Comments

  • Registered Users, Registered Users 2 Posts: 6,318 ✭✭✭Claw Hammer




  • Registered Users Posts: 6 PCTool


    I don't know but I'm suspicious.. Because I don't believe it takes 3 years to register a deed no matter what he says. But I asked another solicitor from a different practice and they also say it should be from when the deed of transfer was signed. I believe it SHOULD be but I don't think the HSE will see it that way



  • Registered Users, Registered Users 2 Posts: 15,618 ✭✭✭✭elperello


    I agree with the two solicitors.

    Once the deed of transfer was signed you and your co-owner became legal owners of the property.

    I assume that you paid all bills associated with ownership from that date IE LPT, insurance, repairs, ESB etc.



  • Registered Users Posts: 6 PCTool


    Shared, yes.



  • Registered Users, Registered Users 2 Posts: 12,730 ✭✭✭✭Flinty997


    You could just ring to fair deal and ask. From my experience they were very good at replying to questions. I'm not saying they were always right, but they were good at engaging.



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  • Registered Users, Registered Users 2 Posts: 26,735 ✭✭✭✭Peregrinus


    No, he's looking for reassurance that the HSE will take the same view as his solicitor has taken.



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