Mothers name is on my house deeds!help

Discussion in 'Legal and financial issues' started by Marie202, Aug 22, 2019.

  1. Marie202

    Marie202 New member

    Aug 22, 2019
    5
    I'm really worried.
    My partner bought a home years ago. His mother is on the deeds only. She has not made any payment on the house and has not lived there in 20 years.she did it solely to help my partner get onto the property ladder. The mortgage is fully paid now.
    Me, my partner and our 3 children live in the home. I have lived there over 15 years and significantly contributed to the property.

    His mum has dementia. We are doing everything to help her but we are struggling and she is close to requiring 24 hour care.
    My partner is now too old to get a mortage and I am concerned that we will have to sell our family home.
    If we sold, and the assets went to his mums care we couldn't afford another home.
    But we have needed to move as the home is too small for our family. We literally couldn't do it.
    What can we do? Is there anyway we can protect ourselves and our family. I know she wouldn't want our home sold to pay for her care as she doesnt consider it to be her home.
     
  2. Bunpoots

    Bunpoots Registered User

    Apr 1, 2016
    2,910
    Nottinghamshire
    Welcome to Dementia Talking @Marie202.

    I can see why you’re worried but not really sure what the answer is.

    As your mother doesn’t live in the house and hasn’t contributed to it financially then it doesn’t seem morally right for it to be used to pay for her carehome fees. Is your partner also on the deeds and is it as joint tenants or tenants in common?

    Also does your mum own the house she lives in?

    Sorry for all the questions but it may help to understand your options if we know the full picture.
     
  3. Marie202

    Marie202 New member

    Aug 22, 2019
    5
    Thank you for your reply. The deeds are in her name and my partners. She has lived in a rented sheltered block for retirement aged tenants for almost 20 years. She has always rented. But by her being on the deeds makes me concerned that by land registry she owns 50% of our home by default.
     
  4. Palerider

    Palerider Registered User

    Aug 9, 2015
    536
    Male
    North West
    Thats a bit messy for you and very difficult to undo as far as I know. Your only option is to seek legal advice, you won't be able to do this on your own. The Land Regsitry won't entertain you at all without legal representation. Deeds are very difficult to change without authority i.e. an instruction from the owners, a will or sale as examples. Try Citizens Advice first and they may be able to help you before spending money on solicitors fees.

    Just thought, also check the deeds, do they match the land registry i.e. is it an administration error
     
  5. Marie202

    Marie202 New member

    Aug 22, 2019
    5
    Thank you for your reply .Messy certainly. I adore my mother in law and certainly dont want to deny her the care she needs, but this is potentially going to affect our children's future security .
     
  6. Palerider

    Palerider Registered User

    Aug 9, 2015
    536
    Male
    North West
    I just checked the Gov UK website on this, here is the link:

    https://www.gov.uk/registering-land-or-property-with-land-registry/update-or-correct-the-register

    If you want to try and change this then you will need legal help unfortunately to do it properly and with no later surprises

    The LA will only take your partner mothers share into account, I know this is something you don't need or want, but at least you would have half the estate to move forward with.

    I took legal advice on helping mum out, and I was advised not to get involved as these matters can become very complicated when capacity becomes an issue. I can assure you I had a very big shock when dad died and I saw the land registry details, but I'll spare you that story.
     
  7. Marie202

    Marie202 New member

    Aug 22, 2019
    5
    Thank you for your help. We will certainly check this out.
    She certainly doesnt have capacity. And her loss of capacity

    If you want to try and change this then you will need legal help unfortunately to do it properly and with no later surprises

    The LA will only take your partner mothers share into account, I know this is something you don't need or want, but at least you would have half the estate to move forward with.

    I took legal advice on helping mum out, and I was advised not to get involved as these matters can become very complicated when capacity becomes an issue. I can assure you I had a very big shock when dad died and I saw the land registry details, but I'll spare you that story.[/QUOTE]
     
  8. Beate

    Beate Registered User

    May 21, 2014
    11,696
    Female
    London
    Very quickly but if at least one of the children is under 18 the property should be disregarded. However, I'm not certain if that is only for children of the care home resident or any children living in the property. Can anyone confirm?
     
  9. Bunpoots

    Bunpoots Registered User

    Apr 1, 2016
    2,910
    Nottinghamshire
    I wonder if this would be given a discretionary disregard as presumably your partner's mum's name was only used to keep the mortgage provider happy.
    Would the LA check to see if her name is on a property she neither lives in or owns?
     
  10. Palerider

    Palerider Registered User

    Aug 9, 2015
    536
    Male
    North West
    Its well worth checking if there can be a disregard.

    @Bunpoots has a point, however the records will always show 50/50 unless this can be rectified, and land ownership can be traced
     
  11. jugglingmum

    jugglingmum Registered User

    Jan 5, 2014
    5,067
    Female
    Chester
    As I understand it the name on land reg isn't proof of beneficial ownership, just a strong indicator.

    I think legal advice is needed to help clarify ownership, there might be a way round, as it wasn't the intention of either party at the time it would appear.

    I thought the disregard applied to a house the PWD lived in, whereas this would be treated as an investment property.
     
  12. Marie202

    Marie202 New member

    Aug 22, 2019
    5
    Thank you all for your feedback. Her intention was purely to help her son onto the property ladder. As far as she was always concerned, it's his home.
    I will certainly check land registry and get him to contact citizens advice before going to legal advice.
    I'm not married to my partner, so have no claim on the property anyway. However alot of the investments made by us have increased the value of the property and that is our only equity.
     
  13. nita

    nita Registered User

    Dec 30, 2011
    1,797
    Female
    Essex
    My brother and I bought the house we live in but my mother was named as the legal owner to satisfy the Court of Protection. She lived there till she died. Our solicitor had a Deed of Trust drawn up to state that my brother and I were the beneficial owners and our proportions. I think this is maybe what you need in your case but not sure if it can be done retrospectively.
     

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