What is your mother actually want to happen? Does she want to sell the house or just get him off the property?
You say there is a lifetime mortgage. If the property was sold today, how much equity/cash would be released from it?
The situation with regard to the joint ownership, even though she may have contributed the lion share of the deposit is that if there was no agreement to the contrary what would happen when the property was eventually sold, then the proceeds are split 50-50. There is case law to that effect which I must mention I do not agree with. This is of course assuming that there are no dependent children which, at 82 seems most likely.
Any mortgage that she pays when he is not living in the property would be taken into account in any final division of proceeds. Some lifetime mortgages require a payment some require no payment. I don’t know which this is.
He cannot remove him from the title unless he agrees either to go voluntarily or to be paid off. If he steadfastly refuses, the only alternative would be to sell the property.
If he is not living in the property, he is not liable for the mortgage or the bills but if there is a mortgage, and your mother stopped paying it, then he would be liable.
She cannot remove him from the property without selling it (unless he can sense as I have already said) regardless of what he has done or what heinous crimes he has committed.
Can I clarify any points arising from this?
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It would be very difficult to prove coercion after 11 years. Even if there had been some coercion, after 11 years, if this were in front of a judge the judge is likely to say that your mother acquiesced. That’s not to say that you couldn’t threaten (better to solicitor to threaten) a court application although it’s not one that I would be taking to court with any hope of winning.
There is no need to enforce a change from joint tenants to tenants in common, your mother simply gives her partner a letter saying that she severs the joint tenancy of the property and then files form SEV at the land registry duly completed. Her partner cannot do anything about that. There is no fee from the land registry, it just happens.
£10,000 in respect of the legal aid can only be taken out of his half of the share of the house. They cannot touch your mother share.
Because the property is jointly owned, they can only place an equitable charge on the property and not a legal charge. Because it appears that he does owe this money, there is little, if any point in contesting any application they may make equitable charge over his share.
There is no need for him to have any contact with any of you but, you are concerned about it, get a solicitor to write to him regarding all the above and in that way, any correspondence will come to the solicitor and not the family.
Yes, that’s what I expected. However it cannot be a legal charge it can only be an equitable charge because it’s not possible to separate the legal title and hence it only attaches to his share.
I assume that there is no mention of your mother in the order and it’s only sent to her for information.
I can imagine that it causes her distress because she will be thinking that her house is at risk, it is not. I emphasise, once again, they cannot touch her share of the property.
I think you need an apology from the solicitor. I can’t see that you can get anything else because once it has been done it has been done. It would be worthwhile making a formal complaint to the senior partner but there’s nothing that you can actually get out of it.
I am glad to have helped. Before you leave the site, (the thread does remain open) could I trouble you to rate the service positive. That’s the system gets me paid. We can still exchange emails if anything crops up in the future. Best wishes.
It was my pleasure to have helped. Best wishes.