Gifted funds

Buying a home with the help of your parents

First time buyers are finding the only way to jump onto the property ladder is with the help of “the Bank of Mum and Dad." Parents help out their children to buy their first home by way of giving them the funds. This may be considered an early heritance with money that would be coming their way in due course and parents are happy to pass it on to their children who need it.

What to expect when parents help buying your house
Proving source of funds for your house purchase

Call us on 0113 320 5000

What happens when you buy a house with the help of your parents?

When funds for a house purchase are gifted or loaned, the buyer’s conveyancer will need to carry out additional checks alongside the usual conveyancing process.

The extra checks when house purchase funds are gifted or loaned include:

EVIDENCE: asking for evidence of identity and proof of address in respect of each giftor.
PROOF: Asking for proof of funds and evidence of the source of the funds.
IDENTITY: Carrying out electronic identity checks in respect of each giftor.
SEARCHES: Carrying out bankruptcy searches in respect of each giftor.
CONFIRMATION: Asking for confirmation of the amount of the gift.
GIFT or LOAN: Asking for confirmation that it is a gift, that no part of the gift is repayable, that each giftor will have no stake in the property, and that no giftor will live at the property. We can assist you with a gifted deposit letter
LEGAL ADVICE: Recommending that each giftor obtains independent legal advice. This is particularly important because:
- Making a gift may have inheritance tax implications.
- A gift may not be the best option from the funder’s point of view. It may be preferable for the funder to secure a stake in the property by means of a Trust Deed or mortgage, protected by an entry on the register of title. This will ensure that the property cannot be sold without the funder’s consent, unless the mortgage lender repossess it.
COMMUNICATION: Referring the matter to any mortgage lender who is involved with the property purchase.

Proving source of funds for your conveyancing

It’s a legal requirement to prove where the funds come from when you buy a property. Conveyancers have a duty to guard against mortgage fraud and money laundering and must take steps to ensure that all funds used to purchase a property have been acquired in a legal way. If all the boxes are ticked and the conveyancers have no suspicions, lenders are normally happy to lend where gifted deposits are provided, but may be more reluctant where the funder wishes to claim a stake in the property.

You can find out more about Mortgage Gifted Deposits here

Call our conveyancing team on 0113 320 5000

A ‘giftor’ is the legal term given to the person giving the financial gift. Have a look at our legal glossary of conveyancing terms for further explanations of the terms used in the conveyancing process.

To discuss buying a property with the help of gifted or loaned funds please contact our experienced conveyancing team on 0113 320 5000 or email conveyancing@winstonsolicitors.co.uk

Client feedback

The service at Winston is so good that I don't feel the need or the desire to want to shop around for legal services. I find myself recommending you on a very regular basis.

Luke T, Harrogate

Outstanding services from the start to the end!

Marcia

The best legal firm in Leeds - without any doubt.Sidraa and Tom provided me with the very highest service levels throughout the conveyancing process.

Anthony

Would highly recommend Winston Solicitors for all Conveyancing needs. Leasa was fantastic at communicating with us every step of the way as first time buyers.She kept us In the loop constantly and answered all questions we had to help put our minds at ease.

Abigail

This is the second time I have required the services of Leasa Foster and her conveyancing team. They are very professional and helpful. Always ready to advise and answer questions. This time it was the sale of my late mums home and I will not hesitate to contact Leasa when we move house again. Thank you

Anonymous

We recently used Winston Solicitors for conveyancing on both the sale of our previous home and the purchase of our new one. Michelle Ayres was exceptional throughout. She was accessible, proactive, and it genuinely felt like she was on our side and working in our best interests.There were a few challenges in the chain, but Michelle was always willing to take the time to explain the situation, outline our options, and keep everything moving. As our process stretched over 6 months, there were times when Michelle was out of the office, but Olivia Cooke and Samantha Robertson-Strong seamlessly picked things up and ensured nothing ever slipped.It was an outstanding experience that made a difficult and often stressful process far more manageable. We would highly recommend Winston Solicitors and especially Michelle to anyone, and we will certainly look to use their services again in future (although we plan to enjoy our new home and give ourselves a well earned break for now!).

Glenn

Amr and Joe are responsive and helpful, very professional.

Tracy M, West Yorkshire

Samantha was excellent at helping us secure our house. She was extremely responsive, organised and thorough in her work.I would recommend her and Winston solicitors to anyone.

Mr Peterson a