This guide is for those planning to purchase their first home using a gifted deposit from family. It explains the additional information your conveyancer will require and the legal process involved. It applies to properties bought in England and Wales.

Our guide titled ‘Buying a Property – How Does the Conveyancing Process Work?’ comprehensively explains the legal procedures involved in purchasing a property.

Information, your conveyancer, will need

Once your offer on a property is accepted, inform your conveyancer that some or all of your deposit has been given to you as a gift. Your conveyancer must carry out several checks to comply with anti-money laundering regulations.

To avoid any delays in the conveyancing process, it’s essential to inform your solicitor upfront that your deposit is being gifted. Otherwise, your conveyancer must prepare all the necessary documentation related to the gift, which may slow the contract exchange process. This includes obtaining written proof that the deposit is a gift, not a loan requiring repayment.

To use gifted funds for your property purchase, the gift giver(s) must complete a “gifted deposit declaration”, which clearly states that the funds are a gift and they will not have any legal rights to the property or the money given.

In addition to giving the gift, the giver must provide identification proof, such as a passport or photocard driving licence, and a bank statement. The documentation should indicate the source of the gifted money, whether it was earned savings or inherited.

After your conveyancer obtains all the required information, they will inform your mortgage lender that your deposit is a gift, not a loan. This serves as a crucial confirmation that you do not have any additional financial obligations on top of the expenses you have disclosed during the mortgage application process.

Will having a gifted deposit make the conveyancing process longer?

Receiving a gifted deposit and promptly providing the necessary information and proof of identity should not delay the conveyancing process. However, the conveyancer must perform additional checks to verify that the gifted money is legitimate, which may incur a small extra charge of approximately £100 plus VAT. If there are multiple gifts involved, the costs may be higher.

Other checks

It’s important to remember that your conveyancer will have to carry out various searches regardless of whether you have a gifted deposit. These searches are crucial as they include Land Registry, local, environmental, and water authority searches. Their objective is to identify whether there are any significant problems with the property you intend to buy or if there are any major plans, such as big developments, that may impact the value of your property. To learn more about these searches, read our guide titled ‘What are solicitors’ searches when buying a house?’

Frequently Asked Questions

1. What is conveyancing?

2. What is a gifted deposit?

3. How does the conveyancing process work when buying a property with a gifted deposit?

4. What checks will my solicitor carry out when buying a property with a gifted deposit?

5. Can I use a gifted deposit for my mortgage deposit?

6. What is stamp duty?

7. How long does it take to complete on a house purchase?

8. What is gazumping?

9. What is conveyancing fraud?

10. What should I do if I am struggling to get approved for a mortgage?

References:

  1. Step-by-step guide to the conveyancing process – Homeward Legal. https://www.homewardlegal.co.uk/guides-advice/post/conveyancing-process-guide
  2. Buying a property with a gifted deposit – L&C Mortgages. https://www.landc.co.uk/mortgage-guides/buying-a-property-with-a-gifted-deposit-conveyancing-process
  3. Gifted Deposits Explained – HomeOwners Alliance. https://hoa.org.uk/advice/guides-for-homeowners/i-am-buying/gifted-deposits
  4. Conveyancing Process Made Easy For Buyers – HomeOwners Alliance. https://hoa.org.uk/advice/guides-for-homeowners/i-am-buying/conveyancing-made-easy-for-buyers
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