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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33549
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My mother and father lived in a council house for x amount

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My mother and father lived in a council house for x amount of years and decided to purchase it as they got a good discount. They paid 18,000. They have 3 sons and 3 daughters. Me included. They asked all of my brothers and sisters if they were interested in being involved. They all declined. I decided to act as guarantor of which it went through a solicitor. We got a mortgage for this of which at the time my man and dad paid this and I paid for the endowment to cover it and insurance.
My father passed away 13 years ago. In this time my mother has added an extra 20,000 to this mortgage. She decided that I should be paying for this even though I didn't get this money.
It got a bit nasty and she went to a solicitor, I asked the solicitor how I stood with this and she said if my dad dies the house would be shared between me and my mam, if my mam dies it would go to me. But my mam didn't like this. It caused no end of arguments. But I had spent a lot of my money into this. The solicitor advised me to have my name put on the deeds. This is what I did for my own piece of mind. I have now been paying for so much of the mortgage payment as well. Now I have another problem. My man is showing signs of dementia. Can you please advise me what I should do next. What happens if she goes in a home.
Submitted: 5 months ago.
Category: Law
Expert:  Clare replied 5 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How much is the house worth and how much is outstanding on the mortgage

Who currently lives there?

Customer: replied 5 months ago.
My man is the only one living their.The house was valued at time 1995 at 45,000. I don't know how much it would be worth now. The balance is 35,000, some is repayment, and the rest is endowment. 4 years left on mortgage.
Something I forgot, will my brothers and sisters be in for a share of this house if so is there anything I can do to stop it.
Expert:  Clare replied 5 months ago.

When the house was put into joint names what was the agreement about the shares you would each have

Customer: replied 5 months ago.
I was advised by the solicitor to severe the joint tenancy and a tenancy in common created in equal shares . She said that way no one could touch your share. I don't think this was the right thing to do.
Customer: replied 5 months ago.
By the way it should say my mam is the only one living in house.
Expert:  Clare replied 5 months ago.

For clarity - you did NOT sever the joint tenancy?

Customer: replied 5 months ago.
that is what is written in the letter.
Expert:  Clare replied 5 months ago.

In the event that your mother goes into a home then the Local Authority will insist on the property being sold - with the proceeds being divided equally between you and your mother.

If she dies then the house will revert into your name

I hope that this is of assistance - please ask if you need further details

Customer: replied 5 months ago.
If it hadn't been severed and was a joint tenancy, would this still be the case.
Also, if my mother agreed that I take on the remaining mortgage payments could I get a solicitor to make me the owner of the property. How would that work with care home fees.
Expert:  Clare replied 5 months ago.

It has not been severed - if it had been then the only difference is that on your mother's death her share will be given in accordance with the terms of her Will or intestacy.

I am afraid there is nothing you can do to protect your mother's share from the Local Authority

Customer: replied 5 months ago.
What if I was living in the property, if she did end up in care.
Expert:  Clare replied 5 months ago.

Then it would not be sold immediately - but the Local Authority would want what they had paid out repaid when it was sold

Customer: replied 5 months ago.
I spoke to a friend and she said she went through a firm to stop them using the property for fees as it was inheritance.
Expert:  Clare replied 5 months ago.

It is not that simple I am afraid - but you have a better chance of you are living with her - and stay there until she dies in the Nursing home

Customer: replied 5 months ago.
just to clarify I can't pay off the remainder of the mortgage myself, and in turn have the house put in my name only. With my mothers permission of course.
Expert:  Clare replied 5 months ago.

You can do that - but the local Authority will view it as voluntary deprivation of assets

Customer: replied 5 months ago.
the local authority could stop me from doing it.
Customer: replied 5 months ago.
Also the mortgage we have, if my mother goes into care, am I able to change this without her in order to get a better deal which is in both of our interests. If not what would I need to do.
Expert:  Clare replied 5 months ago.

No they cannot stop you doing it - but they will refuse to fund your mother until they assess that she would have depleted her share down to £16,000,

If your mother does not have mental capacity you cannot change the mortgage unless she has given someone Lasting Power of Attorney or a Deputy has been appointed

Clare, Solicitor
Category: Law
Satisfied Customers: 33549
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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