Can a husband go back on his word and take back a gift of the family home to his wife by claiming that he was at a low emotional ebb when he signed an irreversible power of attorney , and was under pressure when he made this concession ?
By: דיאנה שאלתיאל•Published on: 10 May, 2022If the granting of rights in the property was within the framework of a property relations or divorce agreement , then the husband would probably not be entitled to rescind his gift, because when the court authorizes these agreements it must check that both sides understood the terms and implications , and signed of their own free will. This is a condition of its authorization, and the granting of the agreement the validity of a judgment .
If, however, the husband just signed the power of attorney, outside of a framework of an agreement, and the change of ownership has not yet been registered at the Lands Registry, then it may be possible to stop the transfer of rights, if he can prove that he was under pressure or not functioning properly at the time.