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Clare, Solicitor
Category: Law
Satisfied Customers: 34906
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My brother and myself took on my mum's mortgage quite a few

Customer Question

Hi, my brother and myself took on my mum's mortgage quite a few years as o and have been paying it. Due to my brother who is 66 aquirering his private pension we have paid it off, it only had two years to go away but we have cleared it. My mum has recently been taken into hospital and had a leg amputation now although we as a family had discussed her putting it in writing that the property was signed over to us we never did this. Now I am afraid if she should go into a home we will loose the property although we have paid the mortgage for he last 10 years or so. Can we get a document written up now for my mum to sign the property over which will save us loosing our home as we all live at the address.
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.


Thanks for your question.

Action needs to be ta***** ***** before your mother going into care. The closer to the person going into care the less chances you have of successfully avoiding the local authority from making a successful claim against the property.

You will not lose the home but you can end up losing the vast majority of the equity in it.

If care is imminent and your mother transfers the property thus to circumvent the regulations the local authority can seek an order that the transact be classified as a deliberate deprivation of assets.

This means the local authority can still have a claim on the equity in the property.

Do note that due to the probability of care in the near future any deliberate attempt to avoid the payment of fees is a criminal offence.

If your mum 8s likely to go into care anytime soon then it is too late. The fact you have paid the mortgage is irrelevant, I am afraid. I am sorry to say that it is potentially too late to take action to prevent a successful claim by the local authority.

Do you have any queries or questions in respect of my answer. I am happy to assist further.

Please can I kindly request that you accept /positive rate my reply otherwise the website will not pay me for assisting you today.

Expert:  Clare replied 1 year ago.

My name is ***** ***** I have been a family lawyer for more than 3O years.

Things may not be as grim as suggested

How much is the property worth - and how much was outstanding on the mortgage when it was paid off?