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Ask Clare Your Own Question
Clare, Solicitor
Category: Property Law
Satisfied Customers: 35065
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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By answering my question!
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhat is the issue that you need to discuss?
Customer: replied 2 years ago.
It concerns whether I can obtain a legal charge against a property, if I lend the owner money.
Can you explain a little more about the background?
Customer: replied 2 years ago.
Yes. I need to make some alterations to my parents' home so I can look after my elderly mother, as her live-in carer. I would be using my own money to make the alterations. The cost is expected to be in the region of £40,000.
My father is alive, but in a care home, elsewhere. His care fees are being met partly by his pension, partly by the local authority. My parents are still married and my mother has a power of attorney over my father.
I need to know if, as a condition of providing my own money to make the required alterations to the property, I can ask for a charge to be registered against the property, so that I can recover the money when the house is eventually sold.
I also need to know if such a registered charge would take priority over any Wills and any other claim against the property, such as for the recovery of care home fees paid for by the local authority, if they should ever become necessary in respect of my mother.
The property itself is unmortgaged and free of any other secured debt or charges.
I have two brothers, who are equal co-beneficiaries, with me, under my parents' Wills.
Would you prefer a charge - or to become a joint owner?How much will the alterations increase the value of the property?
Customer: replied 2 years ago.
I'd prefer to become a joint owner, but it wouldn't wash with my brothers! A charge seems to me to be the best solution, because it would ensure (I hope) that I get my money back out of the property when sold, leaving any balance to be settled according to the Wills.
I estimate that making the changes would increase the value of the property by about £20,000.
In that case a charge would indeed be the best idea and would take priority over the Will and the Local Authority claim (if any)You can deal with it using the form here then Registering the Charge using an AP1I hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 2 years ago.
Thank you, ***** *****'ve been very helpful.
You are most welcome I hope all goes well
Customer: replied 2 years ago.
There was one final question, then I'll leave you in peace! Do I need to have the signed consent of my mother, as the property owner, in order for the charge to be registered? Bear in mind that she has power of attorney over my father.
It is your mother who has to sign the Charge - and she will also need to provide a certified copy of the Power of Attorney
Customer: replied 2 years ago.
Thanks again, Clare.
All the best.
Over and out.
Hi NickI am very sorry but I do not get paid my share of the fee unless you give a positive rating!Clare
Clare and 3 other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
All done, Clare. 5 out of 5.
Many thanks