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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33325
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 husband, father & I equally own our mortgaged house. As

Customer Question

My husband, father & I equally own our mortgaged house. As my father is now terminally ill would it be legal for him to pay off his (and possibly my) share of the mortgage without repercussions?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
How much is the property worth and how much is outstanding on the mortgage?
What other assets does your father have?
Clare
Customer: replied 2 years ago.

The property is approximately worth £250,000 with an outstanding equally shared mortgage of £30,000.

My husband and I own 50% of the property while my father owns the other 50%. His half is left to me in his will.

Many thanks for your help.

Expert:  Clare replied 2 years ago.
Hi
What other assets does your father have?
Clare
Customer: replied 2 years ago.

Hi Claire,

He has approximately £40,000.

Expert:  Clare replied 2 years ago.
Hi
Then there is no reason why he shoudl not pay off any or all of the mortgage should he wish to do so.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Claire,

I should of mentioned that due to his heath situation he may soon be liable to carer charges.

Regards,

Rachel

Expert:  Clare replied 2 years ago.
Hi
Do you mean that he is going into a Nursing home?
Clare
Customer: replied 2 years ago.

Hi again Claire,

My father is likely to pay private carers in our home therefore unlikely to go into a nursing home.

Expert:  Clare replied 2 years ago.
Hi
That does effect the position - if your father is seeking financial support from the Local Authority then he can only pay off his share of the mortgage - any thing else would mean that the Local Authority would view it as a deliberate attempt to dispose of capital.
Clare

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