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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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I currently jointly own our house with my mother. She has recently

Resolved Question:

I currently jointly own our house with my mother. She has recently been diagnosed with early on set Alzheimer's. I hold power of attorney but she wants the house to be put in my name only. Is this something we should do?
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.
Why does she wish to do this?
Clare
Customer: replied 2 years ago.

Due to her health and also that I have paid the mortgage off and she wants to leave the house to me. My 3 elder brothers have had their inheritance over the years and as I paid the mortgage from the early 90's & subsequently paid it off plus pay the all bills she has intimated that the house will belong to me. I understand there was a new law introduced but I am not clear regarding what should be done.

Regards

Helen

Expert:  Clare replied 2 years ago.
Hi
Has your mother made a Will?
Do you hold the property as Tenants in Common or as beneficial Joint Tenants?
Clare
Customer: replied 2 years ago.

She made a will sometime ago as for the 2nd part of your question I am unsure. I know the deeds are I both our names.

Regard Helen

Expert:  Clare replied 2 years ago.
Hi
Do you have a copy of the Office copy Entries relating to the Property?
Clare
Customer: replied 2 years ago.

I think we have but would need to look it out

Expert:  Clare replied 2 years ago.
Hi
It would be useful as if it has this phrase
"No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court."
anywhere on it it means that you hold the property as "tenants in Common"
If that is the case then it would be wise to hav ethe property transferred in to your sole name - although YOU cannot do this using the Power of Attorney as you are a joint owner.
If that phrase is not on the Register it means that you hold the property as beneficial Joint tenants which means that the property will pass directly to you on her death - outside of any Will (or into her name if you die first)
I hope that this is of assistance - please ask if you need further details
Clare
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