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Ask Clare Your Own Question
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I have a deed of trust on my mums flat if she goes into care

Resolved Question:

I have a deed of trust on my mums flat if she goes into care can i sell it I bought this flat but kept it in her name 19 years ago
Submitted: 1 year ago.
Category: Property Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhat does the Declaration of Trust actually say?
Customer: replied 1 year ago.
Although the property is solely in our names we hereby declare the property is held in trust for the said susan gifford absolutely and have no beneficial interest in the property
Expert:  Clare replied 1 year ago.
Was this a former council flat and if so what was the discount percentage?
Customer: replied 1 year ago.
Yes it was 70 percent but I payed which it says on the trust form
Expert:  Clare replied 1 year ago.
Is she likely to go into care and do you live in the property?
Customer: replied 1 year ago.
Not at the moment and no I don't live in the flat but all the upkeep including a 7000 bill for the roof has been paid by me
Expert:  Clare replied 1 year ago.
Legally since you have the benefit of the Declaration of Trust you will be able to sell the property when it is vacant.However I do need to warn you that there is case law which has held that the "Discount" is the equivalent of a Capital contribution to the purchase and accordingly that would mean that your mother is entitled to a share of the equity.This will of course only be a problem if the Local Authority are involved in paying for her future careI hope that this is of assistance - please ask if you need further detailsClare
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