How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10650
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

I purchased my parents house from council in 2007, the house

Resolved Question:

Hi, I purchased my parents house from council in 2007, the house is still in there name. They are both now in hospital and have been declared incompetent by the doctors and the social staff in the hospital. They are being assessed today for a tempury care home placement. The social have told me that the house will be taken and sold to cover the cost of there care. I went to the advice shop with the original purchase documents issued from the council, the member of staff told me and showed me on the documents that the council have no claim to the house or the given discount after 2010.
So is there anything that the social can do to force the sale of this house? Or is there anyway for them to remove the equity from the property?
Submitted: 5 months ago.
Category: Scots Law
Expert:  JGM replied 5 months ago.

From a property law point of view the council has no claim on the house because the three year discount period has long expired. So if the house was sold the council couldn't claim back any part of the discount that you parents were given when they bought the house. However that is a completely different issue from the cost of care home fees and the equity in the house could be used for that if neither of your parents has other means to pay their contributions towards care home costs. When you paid for the house you should have been advised to take a security over the house or at least enter into a contract with your parents to reflect that you have paid for the house and that you were to be entitled to a share of it. Alternatively, the title should have been transferred to you once the three year discount period had expired. If none of these steps were taken, the local authority can ask for the sale of the house to contribute to care costs. It may be that if it is explained to them that you lent the money for the purchase that they will exercise discretion and reduce the amount that they would be seeking. Please read the Scottish Goverment document REVISED GUIDANCE ON CHARGING FOR RESIDENTIAL ACCOMMODATION which you can search for an find online and this will give you chapter and verse on the rules and practices relevant to your question. I hope that helps. Please leave a positive rating so that I am credited for my time.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10650
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.com/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
  • http://ww2.justanswer.com/uploads/NU/nursescare4u/2013-3-31_03429_JApic.64x64.jpg findinganswers's Avatar

    findinganswers

    Internet Researcher

    Satisfied Customers:

    22
    Internet Researcher, Nurse for over 17 years, and can find answers for you!
  • http://ww2.justanswer.com/uploads/PR/ProMBA/2012-6-7_154051_beach.64x64.jpg ProMBA's Avatar

    ProMBA

    Internet Researcher

    Satisfied Customers:

    3
    I'm an owner of three businesses, with both undergraduate and graduate business degrees from top tier universities.