Changing Deeds to Tenants in Common

Roxymoo

Registered User
Apr 13, 2019
30
0
Hi

I am becoming a serial poster I am sorry but I have so many questions going round my head right now and this forum is proving so helpful.

So my current issue is this. My Dad has dementia, currently really bad in hospital with an infection. We have just found out that the Deeds to his and my Mums house are not even in his name but in his deceased fathers name! His father died in 1984. I have the grant of probate which says his estate to be left to my Dad. I am not sure why my Dad never transferred the Deeds to his name. Also my Mum thought her name was on the Deeds. So what happens now? We have LPA. My Dad is in no position to meet a solicitor to get this sorted. Will a solicitor arrange for us to change the Deeds with an LPA? My mum is worried the whole house will be lost to care home fees if the house is in his name only. They have been married 40 years and lived in their house together for just over that.

Thanks in advance for any advice. I am calling a solicitors on Monday but just wondered if anyone had come across a similar situation.
 

nitram

Registered User
Apr 6, 2011
30,084
0
Bury
You are not proposing the usual approach of altering a joint ownership from joint tenancy to tenants in common, you are proposing that your Dad changes his sole tenancy to tenants in common with your Mum, this is likely to be regarded as deliberate deprivation of capital in any future LA financial assessment although the house will be totally disregarded as long as your Mum lives in it.

All the solicitor can do, without potentially running into deprivation of capital problems, is change the name recorded at the land registry to your Dad's as sole owner.
 
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Louise7

Volunteer Host
Mar 25, 2016
4,694
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My mum is worried the whole house will be lost to care home fees if the house is in his name only. They have been married 40 years and lived in their house together for just over that.

If your Mum intends to continue to live in the house then there will be a mandatory property disregards, which means that it will not be included as an asset if your Dad had to go into care and couldn't pay for it himself. She doesn't need to worry about it having to be sold to pay for care fees:

If you enter a care home permanently, any interest you have in your

existing ‘main or only’ home is usually taken into account as capital.

However, the value is disregarded from the means test if any of the

following people occupy the home. It applies if you no longer occupy the

home but it is occupied, in part or whole, as their main or only home by:

your spouse, partner, former partner or civil partner, except where you

are estranged

 a lone parent who is your estranged or divorced partner

 a relative of yours, or member of your family, who is:

 aged 60 or over, or

 a child of yours aged under 18, or

 incapacitated.

They must have been occupying the property before you went into the

care home. The disregard lasts until this changes, at which time it may

become an eligible capital asset.
 

Roxymoo

Registered User
Apr 13, 2019
30
0
Thanks @nitram thought this likely the case. I am speaking to a solicitors on Monday and they'll probably confirm what you have said.

So will the local authority force the sale of the house do you know? Does my Mum have any rights being spouse of 40 years?
 

Roxymoo

Registered User
Apr 13, 2019
30
0
Hi yes thank you I have checked online and it’s definitely in his deceased fathers name.
 

Bod

Registered User
Aug 30, 2013
1,958
0
As a complete aside.
Man & wife live in his house.
He goes into care, house is disregarded due to her age.
He dies, leaves valid will, house is willed to wife. Who continues to live there.
She dies 10 years later. Leaves valid will. House goes to son, aged 50 who has never lived there.
Where does the house value go?
Care homes fees, via LA.
Or son.
Answers on a postcard please.

Bod