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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10920
Experience:  30 years as a practising solicitor.
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Back in 1986 i had the right to buy mum & dad council house,

Customer Question

Back in 1986 i had the right to buy mum & dad council house, mum has always lived with me i paided the morgage , 2004 we moved into a two bedroom flat , two years ago mum had a stroke i had to put her into residential care mum does'nt has enough assets its council funded i pay the rest of the fees out of her pensions what worry's me if mum passes the property passes to me its in both our names i will have to pay everything back plus interest which means i have to sell my home there will not be enough to buy another property i will have to get another morgage ,am i worrying , mums very poorly at the moment i could really do with some advice please thanks.
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you question.
The council should be treating the property as exempt because you have been your mothers carer and the property is in joint names. The joint interest cannot be assigned or sold to a willing buyer so your mother's beneficial interest is not worth anything.
Also if you are over 60 or incapacitated the house has to be disregarded.
Happy to discuss further but you have a good argument house being left out of account and you shouldn't have to pay anything back. If this wasn't the case they would have had to tell you otherwise at the time the applications were made at the time you put your mother into care.
I hope this helps.
Please leave a positive response so that I am credited time.
JGM, Solicitor
Category: Law
Satisfied Customers: 10920
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Customer: replied 2 years ago.

what if mum passes she has no insurance to cover the cost of the funeral, because both our names on the property it will come to me when she passes, will i have to sell to pay funeral or doe's it come from her estate how doe's it work.

Expert:  JGM replied 2 years ago.
The cost of a funeral normally comes from the deceased's estate. If there are no assets in the estate then it will be to pay funeral. If you can't raise the money then the house would require to be so.d or mortgaged.
Happy to assist further.
Customer: replied 2 years ago.

i'll try & raise the money , i don't think i will be successful in getting a morgage because of my credit rating i really don't no who the right people to go to morgage , my bank said no to a loan i'm sure they won't give me a morgage,do u no where i can go to get a morgage speak to the right people someone who's willing to help me out.

Expert:  JGM replied 2 years ago.
The best thing to do is not to go directly to a particular bank but to go to an independent financial adviser in your area who can look at what might be available to you from a wide spread of lenders. Pin other words you can look at many different lenders and types of loan at the one place instead of having to do the rounds of the lenders yourself.

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