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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12179
Experience:  30 years as a practising solicitor.
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I came back from living in america in april (this was

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HI, I came back from living in america in april (this was planned for over a year and I was moving in with my mum). 3 days prior to me coming home my mum took a stroke and is in hospital. (i am currently living in her home since returning from the USA). My mum owns her home and its looking like she will have to go into a nursing home. I am 43 years old, been offered a job but dont have a start date yet. What rights would i have to continue living in my mums house and if i dont how long would i have to find alternative accomodation. Doesnt help i have an older sibiling who is not happy with me living in my mums house even though this was agreed by my mum prior to the stroke and my sister knows this

Hi, thank you for your question. Are you married to your partner and has the property been purchased yet? How much is she funding initially?

Customer: replied 1 year ago.
Can you please re-read my question as I am not purchasing a house! I dont have a partner i said i was living in my mothers house and she is being put in a nursing home!

Apologies, I am not sure how it got posted to your question as it was meant for a different one! I will opt-out an a Scots Law colleague will assist you.

Thanks for your question. As you are under 60 and presumably not incapacitated, the local authority can take your mother's house into account when assessing care home fees so you haven't automatic right to remain in your mother's house. The local authority have a discretion to disregard it in certain circumstances, where for example you gave up your own accommodation to come back and look after your mother although that doesn't seem to be the case here. In practice they will disregard the house for 12 weeks so you have about 3 months to move on I'm afraid. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12179
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you