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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25448
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My dad has a small amount of his mortgage mortgage outstanding.

Customer Question

My dad has a small amount of his mortgage mortgage outstanding. My mum passed away 2012, now my dad is not well and is also been told he has lung cancer. I am living with him caring for him. He wants myself and my children to remain in the house once it dies. What does Dad need to do? Tec will, name on deeds , we don't know
Thank you
Submitted: 3 years ago.
Category: Family Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

I am very sorry to hear of your fathers condition. May I ask whether your father is worried about care fees if he had to go into care or is it just that he wants to ensure that you and your children benefit from the house because you have looked after him?

JACUSTOMER-uvulcya9- :

My dad wants us to benefit from this and to keep the family home . He will not go into care. Only sullen hospice at the end.

Joshua :

Thank you. Do you have any other siblings? Is the house in just your dads name>

Joshua :

Would you like to continue?

JACUSTOMER-uvulcya9- : I have two other sisters, which my Dad has told them of his wishes, he don't want the house to be sold, and to remain a family home for the future as this was also my mums wishes, I'm not sure if my mums still on the deeds ,
Joshua :

Thanks.

Joshua :

Do you believe your sisters will seek to challenge your fathers wishes or do they generally accept them?

JACUSTOMER-uvulcya9- : They do accept them x it has and always will remain the " family" home, Christmas, events etc x they are completely happy with Dads wishes
Joshua :

Thanks.

Joshua :

On that basis there are two potential ways your father could achieve his aims. The first is by simply providing for such a gift of the property in his will. This would be effective upon his passing. A word of caution that it is is possible for your siblings to challenge such a will after your fathers death and such a challenge may be successful in light of various decisions in the courts.

Joshua :

Accordingly there may be a safe approach to achieve your fathers ends as follows:

Joshua :

The alternative approach is that your father could gift you the house now subject to your granting him a life interest in the property.

Joshua :

This would transfer the property to you now but make that transfer subject to a right for your father to stay in the property for his life if he wishes. This would make a potential challenge by siblings however unlikely much harder.

Joshua :

However if there is a mortgage on the property which cannot be paid off then this would entail a remortgage into your name which may be problematic. Accordingly if there is little chance of any challenge from siblings, then provision in your fathers will would be effective as above.

Joshua :

Is there anything above I can clarify for you any further?

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