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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 33890
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My mother transferred ownership of her house to me over 20

Customer Question

My mother transferred ownership of her house to me over 20 years ago. With the caviat that she has a right to see out her days in it.
Long story short. She has moved to social housing in april due to ill health i.e warden controlled building.
Also since my father died 10 years ago my mother lived in the house up until this april she refused to maintain the property or pay rates etc saying it was my responsibility. As a result i had to remortgage to help withmaintenance and bills and for the sake of harmony never made an issue of the situation.
This now leaves me in a very awkward situation. My wife and i want to move from our own house but are tied due to all my commitments with this one. Am i legally obliged to carry on paying for tax insurance electric etc and not able to sell in case my mother decides to move back or at what stage can i consider selling.
My mother is not the type you can have a reasonable conversation with and has the attitude that i am responsible for prividing a roof over her head and paying for the expenses.
Hope you can help
Submitted: 8 months ago.
Category: Law
Expert:  Clare replied 8 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

Was the agreement recorded in writing at all?

Customer: replied 8 months ago.
the agreement was all documented by solicitor and land registry. Property gifted to me at the time. All land registrations etc have been in my name since.
Expert:  Clare replied 8 months ago.

What is the exact wording regarding her right to live in the property?

Customer: replied 8 months ago.
I cannot find the exact document at present time. But the gist of it is that the property is gifted to me as a token of love from her etc. With the wording definaty there that she has her day in the property. As she has now moved out is that her saying she has had her day or does this mean until het death ?
Expert:  Clare replied 8 months ago.

Are you sure that the words were "has her day" - or was that what you understood them to mean?

Customer: replied 8 months ago.
i am almost certain that was the exact wording
Customer: replied 8 months ago.
Sorry i am unable to call and will have to re eive reply on line or by email. Can you co firm you will be able to get back by email if i lose internet connection ?
Expert:  Clare replied 8 months ago.

That is fine - ignore the pop ups!

Was it prepared by a solicitor?

Customer: replied 8 months ago.
it was all done by the family solicitor and lodged with government agencies such as land property services.
Expert:  Clare replied 8 months ago.

In that case I am confused by the ambiguity of the wording.

What does the Restriction on the Register say?

Customer: replied 8 months ago.
I do not have the exact details of wording. I only want general advice about such occurences. I.e in the eyes of the law when you move out of a house you had a right to reside in when do you forfeit that right? I have made my payment on the basis of getting generL advise but despite several clear messages saying i do not have my copy of legal document yo hand i keep getting asked aboyt it. If all these specifics are required i feel i shud not be charged for this exchange of messages until i get st leadt a general view of what is the most likely outcome (s) please reply by email as i have not got anything further yhat i czn add. Please be assured i realise u can only surmise what an aversge property gift document would look like and that is all i am asking in the generalist terms to get an idea of the outcome(s) that may be available to me.
Expert:  Clare replied 8 months ago.

All of the thread is covered by the one payment please do not worry.

I am concerned about the wording as that is the crucial point.

Working with your memory of "has her day" I would say that the fact that she has moved out into alternative secure accommodation fulfils that requirement and on that basis you can now deal with the property anyway you wish.

had it said "for the rest of her life" then clearly you would have possibly had to rent the property out and pay any profit to her care.

Accordingly UNLESS the Register says you need her specific consent to a sale then there is no reason why you should not go ahead now

Please ask if you need further details

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