How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
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
13262538
Type Your Family Law Question Here...
Clare is online now

The deeds to my stepmothers house states that herself and my

Customer Question

The deeds to my stepmothers house states that herself and my father are joint tenants in common. They have never been married although did live together for a few years. He has never paid towards the mortgage but did give up work to look after her due to her illness for a couple of years. He left the property fifteen years ago to go and live with another woman. My father is claiming that if she sells the house even if it is to go into a care home then he is entitled to half the proceeds of the house. i don't think this is fair as she wants to leave the house to her grandchildren and great nephews when she dies. can you tell me if he is entitled to half the value of the house and how can she protect the house for her grandchildren etc. They used to have wills that said if one of them dies then everything they own goes to the surviving one, but she has since changed her will to say that everything she owns including the house goes to her grandchildren and great nephews. Is this enough or should she put the house in trust or something.
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 was the purchase funded?
Clare
Customer: replied 2 years ago.

Originally it,was by mortgage, my stepmother was living on her own at that point and so it was only in her,name.although they were seeing each other at this point,and they were business partners too so it could be he was put on the deeds then although i think he was put on the deeds later on. My father then moved in with her about 6 years later. She then reremortgaged the house to pay off my fathers debts i think it was at this time the deeds were changed but am not sure. He then stopped working to look after her when she was diagnosed with ms so she could carry on her well paid job. A few years after that she had to give up work but continued to pay the mortgage with her pension. About 15 years ago he left and went to live in france. She has continued to bail him out financially over these years while continuing to pay the mortgage off. About two years ago she finished paying the mortgage and has at last found that she is in a reasonably comfortable financial,state. But now she is worried that he will,still want half,the value of the house,should she die or have to sell it.,he is also saying she cant do anything with the house including emptying the attic and garage of his stuff that has been there prior to him moving out. He says that she has to have his permission to do alterations or improvements to the house. She has had a stairlift and some little things done to make life easier for her,but she wants to put a wet room in and he says he needs,his permission but i told her to go ahead and ask her ot,to get it done as we all feel she needs it to help her keep her independence.

Thankyou for your quick response and i look forward to hearing from you soon

Many thanks

Liza

Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

We are not sure how much the house is worth as it is years since it was last valued. There is nothing outstanding on the mortgage

Customer: replied 2 years ago.

Looking on zoopla the current value of the house is around 200,k

Expert:  Clare replied 2 years ago.
Hi
As things stand I am afraid that your father is indeed entitled to 50% of the equity - although he would have to take court action to prevent your step mother from having work done on the property.
If your stepmother does wish to change the way the equity is shared between them her only option is to apply to the court to determine the matter
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thankyou very much for the information. I will relay this to her and let her decide what to do from there.

Best wishes

Liza

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare

Related Family Law Questions