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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34472
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi, I have recently been told by Adult safe guarding and social

Customer Question

Hi, I have recently been told by Adult safe guarding and social services to remove my elderly father from his marital home as he is being physical, mentally and financially abused by his much younger wife and her son, my father is terminally ill with cancer and recently suffered a stroke, i removed him from the marital home this weekend, my question to you is, is he legally entitled to any of the house? as it is fully paid for, would he be eligible for any kind of legal aid to do this? Unfortunately there is a minor still residing at this address.
Submitted: 3 years ago.
Category: 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.
Do you hold power of Attorney for your father?
What is his current mental capacity?
How long has he been married/living with his wife?
Clare
Customer: replied 3 years ago.

Hi Clare,


 


No i do not hold power of attorney, his current mental status is 100% the only problem he has is his speech comes out mixed up at times, he has been married for i believe 20 years, he has worked all his life

Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and who owns it?
What other assets and debts are there
Clare
Customer: replied 3 years ago.

the house is worth about 160,000 and its jointly owned between my father and his wife, there are no other assets and no debts


 


jason

Expert:  Clare replied 3 years ago.
Hi
How old is her child and how much does a two bedroom property in the same general area cost to buy?
Clare
Customer: replied 3 years ago.

Hi,


 


Ther child is 14 years of age, the house is a three bedroom three storey town house, a two bed property would cost around 110,000


 


jason

Expert:  Clare replied 3 years ago.
Hi
Is your father willing to issue divorce proceedings?
Clare
Customer: replied 3 years ago.

No he is saying she will have to do that, he's trying to be as awkward towards her as possible, which doesnt always work in his favor

Expert:  Clare replied 3 years ago.
Hi
He is a joint owner of the property - and the court would order a sale since if it was the child could still be rehoused safely and some capital released to your father - not a lot but some.
However he will only be able to do this within the financial side of divorce proceedings.
For now he should see a solicitor to write a new will and to "sever the joint tenancy" on the property so that they each own their half share
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.
Expert:  Clare replied 3 years ago.
Hi
You are most welcome - I hope things work out for you
Clare