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RJM Law, Lawyer
Category: Property Law
Satisfied Customers: 3484
Experience:  LL.B (Hons)
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My mother and jointly own a property which is my home do i

Customer Question

my mother and jointly own a property which is my home do i have sell to pay for her care fees she is in care with alzheimers
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no
JA: Where is the home located?
Customer: east sussex the council what to take a charge out on the property
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: A law company hold the power of atterny and want me to take my mothers name off deeds for a sale
Submitted: 18 days ago.
Category: Property Law
Expert:  RJM Law replied 18 days ago.

Welcome and thank you for choosing our service, I will be the expert assisting you with this matter today.   I appreciate this matter is important to you and I shall try to resolve it as precisely and quickly as possible for you today.

Please note; there may be delays between messages as the experts on this website all work on a third party basis and are not online full time however, I shall endeavour to respond to your question as soon as possible.  I look forward to assisting you in this matter.

Thank you.

Expert:  RJM Law replied 18 days ago.

Thank you for the question.   In reality the care homes and councils are attempting to find a way round this, but if you own. 50% of the home, the care home can only sell your mother's estate, and if that estate includes 50% of a home that is technically worthless as you can't sell half a home.   However, this will depend on a number of different factors, such as when and how you came to own  your percentage of the house etc.   What I would advise doing in this instance is arranging a meeting with the law firm and ask what their thinking is in relation to selling the home.   Remember that it is a lawyer's job to act in the best interest of the client, so if they are advising you to sell the property then it will likely be for a good reason.   I do agree (from what I know) that removing her name from the deeds would be a. good idea, Im not sure about their thinking behind selling the property, however they will, of course, have more information than I do.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.

Customer: replied 18 days ago.
But I’m not actually legally obliged to sell the property or allow the council to take a charge out on the property as it’s in my name and my mothers I have been told by the lawyer who dealt with the sell of her previous property. Also the government say if depended occupying the property it has to be disregarded in means test ?my mothers and I were advised to have both names on the property by the Alzheimer’s society when we purchased in 2016 before she lost capacity
Expert:  RJM Law replied 18 days ago.

Yes, and it would have been for exactly this reason as you are both named on the property I they should not be able to obtain it.  You are definitely not obliged to sell it, im just saying the lawyer's involved may have a reason for this advice, but they will be able to answer that for you.