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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11695
Experience:  30 years as a practising solicitor.
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Twelve years ago my sister and I halved to buy my mother's

Resolved Question:

Twelve years ago my sister and I halved to buy my mother's council house for her - we can prove this through bank statements. However the house was in my mother's name and we have never looked to alter this.
My mother is now 91 and has age related dementia. It is possible she may have to go into residential care in the near future. Given we paid for the house will it still have to be sold to pay for her care?
We live in Scotland.
Submitted: 1 month ago.
Category: Scots Law
Expert:  JGM replied 1 month ago.

Thanks for your question. I am a solicitor in Scotland. The document you need is here: http://www.sehd.scot.nhs.uk/publications/CC2016_02.pdf and you need to read the parts in chapter 7 concerned with beneficial ownership. Your argument is that the title to the house is in your mother’s name but that because you and you sister paid for it you are the beneficial owners. It would have been better that an agreement was drawn up in writing at the time you bought, and it is too late now, but that is the argument you have to put forward. Otherwise, and unless your mother has other resources to pay for, they would insist on a sale of the house to fund her care. I hope that helps. Please leave a positive rating so that I am credited for my time.

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