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 Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 35054
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
13262538
Type Your Property Law Question Here...
Clare is online now

I have a deed of trust on my mums flat if she goes into care

This answer was rated:

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
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 2 years 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
Was this a former council flat and if so what was the discount percentage?
Customer: replied 2 years ago.
Yes it was 70 percent but I payed which it says on the trust form
Is she likely to go into care and do you live in the property?
Customer: replied 2 years 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
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
Clare and other Property Law Specialists are ready to help you