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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34275
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My brother lives on the Isle of Man, he lived in the family

Resolved Question:

My brother lives on the Isle of Man, he lived in the family home with mum and dad. A few years ago he had to take out a mortgage on the house to help dad out,mum has since died and dad his now living in a nursing home. Dad has now run out of money can the manx government make him sell the house. My brother still lives in it.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Who currently owns the property?
Clare
Customer: replied 3 years ago.
My brother,but my dad's name is XXXXX XXXXX the deeds.the bank wanted to remove his name when my brother took out the mortgage.
Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.
Hi about £160,000 I think the outstanding mortgage it£50,000
Expert:  Clare replied 3 years ago.
Hi
What was the mortgage money used for?
Have you spoken to Social Services about funding?
Clare
Customer: replied 3 years ago.
The money was to pay of dads gambling debts. Yes I'm in the process of talking to social services, I just wanted to know the law in case they start quoting facts at me.
Expert:  Clare replied 3 years ago.
Hi
How old is your brother?
Clare
Customer: replied 3 years ago.
Hi he is 40.
Expert:  Clare replied 3 years ago.
Hi
Do you know in what shares they hold the property?
Clare
Customer: replied 3 years ago.
Hi no sorry I don't
Expert:  Clare replied 3 years ago.
Hi
Is it possible to find out?
Clare
Customer: replied 3 years ago.
Hi yes I've just phone my brother,he said its 50/50. As their will is mirrored they each leave the house to the other. I hope that helps.
Expert:  Clare replied 3 years ago.
Hi
Just to check - your brother has no disability at all?
Clare
Customer: replied 3 years ago.
Yes he dose,but dose not clam any benefits.he had a stroke at birth so has a weaker right side .
Expert:  Clare replied 3 years ago.
Hi
Would he be able to purchase a property with his half of the equity?
Clare
Customer: replied 3 years ago.
Not really.
Expert:  Clare replied 3 years ago.
Hi
how much would a one bedroom property cost?
Clare
Customer: replied 3 years ago.
I guess £100,000.so what your saying is that the law would say that my brother would have to sell the house and try to buy a flat?
Expert:  Clare replied 3 years ago.
Hi
No it is not that bleak - indeed I think there is an excellent chance that he will be able to remain in the property
So far as I can ascertain the basic rules are the same and case law here on the mainland is in your brothers's favour
The Case is detailed here
https://www.no5.com/news-and-publications/publications/78-charging-for-residential-care/
I hope that this is of assistance - please ask if you need further details
Clare
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