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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 35574
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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You give us some advice my husbands mum lives in the family

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Hi you give us some advice my husbands mum lives in the family home with her husband his dad but own joint tenant to the house they are both in late 70s and mum wants him to sign to go over as a tenant in common as they have grandchildren etc ...my husband us not happy with this as he knows that he could end up losing alot .. he has been told him and his mum to do a right of residency that if she was to die before her husband he can stay in the family home until he dies . Is this correct then Lawrence on the death of his father will sell the family home . And give his mother's half to his children split 3 way her half ...
Or for her to just do a right if residency in her will and still stay joint tenants with her son .
Also 8f any of them were to full I'll and needed care could they take the house or false my husband to sell the house would he lose his half of the house ..
He creaky doesn't want to sign this other firm to change to tenants in common
What would you advise please
Tanya
Customer: replied 2 years ago.
Need asap
Customer: replied 2 years ago.
Need to know by tomorrow morning as meeting his parents .
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.
Customer: replied 2 years ago.
How long will it take

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Who actually owns the property?

Customer: replied 2 years ago.
My husband and his mum are joint tenants and landlords reistry
Customer: replied 2 years ago.
on land resitry
Customer: replied 2 years ago.
The thing is the mum is panicking as they are joint tenants that if she was to die her husband Lawrence s dad would not be able to stay in house but we was told they could do a rights of residency through a declaration of trust to agree he can stay there until he dies . But she wants Lawrence to sign to go over as tenants in common but by doing this he knows he will lose out because she will split it with his children and properly not get anything ... Or have been told she could just in her will do a right of residency for her husband to stay in the family home until he dies then on the death of his dad Lawrence sells the house . Can u give us some advice .
Customer: replied 2 years ago.
Need some advice on what to do by morning as he is meeting his mum .

Who paid for the house?

Customer: replied 2 years ago.
Both his mum and dad bought the house very cheap years ago then Lawrence took a mortgage on it to make it bigger as he moved back in with his 3 children after he got divorced from hus first marriage he has paid over 90 thousand in mortgage payments over the year and two room into the house and more , the mum and dad still live in the house but kawtencecand his mum are joint tenants .
Customer: replied 2 years ago.
Over the last 15 / 20 years that what Lawrence has paid and became joint tenant with his mum , that's why he doesn't want to sign to go as tenants in common as he knows he will be worse off so was told to do a right of residency for his dad instead to carry on living their if his mum dies then on the death of his father he will sell the house and claim his half all she is really worried about is her 3 grandchildren and not her son .
Customer: replied 2 years ago.
He wantsc to know more as his meeting his parents this morning

In fact he cannot prevent his mother from severing the Joint Tenancy - if she wishes to do it she can simply do it and it is effective.

However if she does this and has to go into care then yes the Local Authority can force the sale of the house so that her half can be used to pay for her care (this assumes that your husband no longer lives there - if he does live there then the sale cannot be forced)

An alternative would be a Declaration of Trust confirming that the house is held by he and his mother on trust that his father has the right to live in the property so long as he wishes to do so.

I hope that this is of assistance - please ask if you need further details

Customer: replied 2 years ago.
Thank you clare I think the declaration of trust is the better opion for them all then on the death of his father he sells the house .
Customer: replied 2 years ago.
Also if she does do the tenants in common will Lawrence lose his half of the property as she can leave in her will .

As Tenants in Common they each own their own half - so your husbands share is safe

Customer: replied 2 years ago.
But they said they can equal it out amongst family and that's why Lawrence is panicking cause he could lose what is best for him to do would you advise him to stay as they are and draft a right of residency of declaration of trust .
Customer: replied 2 years ago.
Plus the problem is if the dad dies he knows that one of the grandchildren would move in so Lawrence wouldn't get his half that's how they are because he has newly wedd me . So what's his rights
Customer: replied 2 years ago.
Can Lawrence mum draft a declaration of trust on the death of her husband lawrence will sell the house .
Customer: replied 2 years ago.
He is really worried what to do and how to go about it because he doesn't know if his gal is safe and if it is it would only be on the sell of the house whenever that would be ...
Customer: replied 2 years ago.
They are both going to stay as joint tenants but do a right of residency under a declaration of trust that on her death the father / dad can stay in the house then on the death of his father the house will get sold and Lawrence will get his half and the mothers half he will split three ways to his children . Are they safe doing this if any if them was to full I'll is the house safe . They are not going down the road of tenants in common .
Customer: replied 2 years ago.
On the death of the mum / wife sorry the husband / dad has the rights of residency as they are going to get this done through a declaration of trust for him to stay then on his death husband / dad Lawrence the son will sell the family home receive his half of the house and the other half goes to the children split 3 ways . Is the house safe if any of them need to go into care . They are not doing tenants in common going to stay as joint tenants .
How much would this cost to do and they both sign it rights of residency through a declaration of trust .
Customer: replied 2 years ago.
how much would this cost to do through you .
Customer: replied 2 years ago.
Hi can you let me know above question please asap

What exactly do your husband and his mother want to happen when she and his father die?

Customer: replied 2 years ago.
They are going to do rights of residency through declaration so when she dies the husband can stay in family home until his death then Lawrence the son will sell the family home ....
But if they fall I'll and have to go into care is the home safe ... they are staying as joint tenants .

In fact if his mother wishes to leave her share to her grandchildren then the most appropriate way forward is to sever the Joint Tenancy and for them each to own their own half so that she can leave it as she wishes in her will.

Your husbands share will be safe

Customer: replied 2 years ago.
They are going to stay as joint tenants and do a right of residency through declaration of trust and they both sign to say that her husband lawrence dad can stay in the family home until he dies then Lawrence will sell the family home what they want to know is can they do this and how much would it cost to do right if residency
Also would the house be safe if any of them were to go into care .

Any local solicitor should be able to prepare a Declaration of Trust for about £200.

So long as your father remains in the house it will be safe if your mother needs full time care outside of the house

Customer: replied 2 years ago.
Do you do this ..
been told it's a rights of residency through a declaration of trust ..that on the death of the wife / mum the husband /dad can stay in the family home until his death then. Lawrence the son will sell the family home
,will he then have to do a separate declaration of trust saying on the sell of the house he will get half and the other half to his children which will be split 3 ways . The mum and Lawrence are staying as joint tenants .

No it can all be done in one document

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