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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11150
Experience:  30 years as a practising solicitor.
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if my sister gets a home mother and the house is in

Resolved Question:

if my sister gets a home for my mother and the house is in both our names of power of attorney on Mums death the property is sold or rented out, is my sister responsible for the up keep of the house and any damage incurred, as she will be sole carer as i live 200 miles away - what i am asking - is if the property is bought and can my sister demand moneys from me due to lack of responsibility and damage to the property to the home? How can I insure that the property will at the end of the day be divided equally.
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
If your sister and you are joint owners and joint attorneys then you are both responsible both for your mother's best interests and for the upkeep of the house. If your sister has day to day responsibility for the upkeep of the house then she would have a duty, in your joint interests, to take reasonable care of the house. You are both responsible for the costs of repair and maintenance as well as insurance subject to any claim either may have on the other for damage caused by neglect or negligence.
As far as the property being divided equally, if the property is in joint names then you own it jointly and in the absence of any contract which says otherwise, the sale proceeds would be divided jointly.
I hope this helps.
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