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propertylawyer, Solicitor
Category: Property Law
Satisfied Customers: 288
Experience:  Property solicitor with expertise in commercial and residential property transactions.
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My father's house is not registered on the land register. He

Customer Question

My father's house is not registered on the land register. He is getting to the point where he may need to go in a home. My mother is already in a home and they have taken all their savings down to the threshold where we can apply for council help. What can we do to stop the house having a charge on it should my father go into care? As I said the property is not registered and we can't find the deeds to the house. Can we register it in my and my sisters name? The property has never had a mortgage on it though my father bought it in the late 50's early 60's.
Submitted: 1 year ago.
Category: Property Law
Expert:  propertylawyer replied 1 year ago.

Hi Stuart

I will look into this for you and reply shortly.

Customer: replied 1 year ago.
HiAny answers?
Expert:  propertylawyer replied 1 year ago.

Hi Stuart

Sorry for delay.

I have confirmed the position on this.

What you can do and its success will ultimately depend on how close your father is to going into care.

You can get your father to transfer the unregistered property to you and your sister however if your father needs to go into care anytime soon the local authority can apply to overturn the transfer and make a claim on the property.

I hope this helps.

Once again, sorry for the delay in coming back to you.

Do you have any questions or queries in relation to my reply. Happy to assist you further.

Kind regards

Customer: replied 1 year ago.
How can they prove the property is his? I could of told myself what you have said, no disrespect at all, from looing online. How an they prove the property is his with no deeds?
Expert:  propertylawyer replied 1 year ago.

Regardless, it will be regarded as a deliberate deprivation of assets. If you are required to make a declaration of your father's assets and you do not disclose his ownership of the property then that is a criminal offence.

You can transfer it but the land registry may retain the conveyance on first registration and therefore any search of the register the council may uncover the transfer from you dad to you and your sister. The register will state the date of transfer of the property. If you do this now and a number if years pass then you might be ok otherwise the council can charge the asset even in your name.

If you use a solicitor and disclose the reason for the transfer the solicitor may refuse to act as you will have put the solicitor on notice of the scheme and its intention.

You can do the transfer yourself notwithstanding the obligation to make any required disclosure in the future. you need to register the conveyance at the land registry and you have to send the deeds to the land registry and who knows what deeds and documents it will retain. They may retain documents which confirm your father's ownership. You use form fr1. There is a fee to pay on registration.

As mentioned above, if you are asked and do not disclose the ownership of the asset it will be classed as deliberate deprivation of assets which is fraudulent.

Customer: replied 1 year ago.
Thank you for your help. Much appreciated.
Customer: replied 1 year ago.
Just one last thing. Could we add our names to the property so it's three ways? Or put the house in trust?
Expert:  propertylawyer replied 1 year ago.

You can but this will not circumvent the rules. It will still be considered deprivation of assets.

Do you have any further questions or queries.? Happy to help further.

Please can I ask that you accept / positive rate so that I get credit for helping you, thanks.