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Ask Harris Your Own Question
Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I own half of my dad's house my mum severed the joint

Customer Question

I own half of my dad's house my mum severed the joint tenancy before she died. My father has now in the early stages of dementia and so my husband and I are moving in and selling our property if my father had to go in a home could we be left homeless
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you in England or Wales?

-What type of tenancy is it?

-Is the property owned or rented?

Customer: replied 1 year ago.
I am in England it is joint tenancy with my father and the property is owned and mortgage free
Expert:  Harris replied 1 year ago.

Thank you for confirming. As the property is held as joint tenants, upon either of your deaths the whole property passes to the survivor. Properties held as joint tenants cannot be passed on in a will - if this is intended then the tenancy must be severed and changed to a tenancy in common.

If he were to go into a home then you would still hold a legal interest as you are named on the title of the property.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Does that mean if my dad has to go in a home is half of the house will be used for his care and we will have to sell our half of the house and can be left homeless I don't want to sell our own house and find that we are left homeless if he has to go in a home
Expert:  Harris replied 1 year ago.

Thanks. Please confirm:

-How old you are

-What the value of the property is

-What the outstanding mortgage is

Customer: replied 1 year ago.
56 yes old the value of the property is 250000 mortgage on this property half of the property has belonged to me 3yrs 3 months
Customer: replied 1 year ago.
Sorry no mortgage on this property
Expert:  Harris replied 1 year ago.

Thank you for confirming. Jointly held property is slightly complex to assess but the guidance can be seen here:http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS38_Treatment_of_property_in_the_means-test_for_permanent_care_home_provision_fcs.pdf?dtrk=true

However, if you were occupying the property when you are 60 years old and your father is admitted to a care home then the property will not get taken into account.