Ownership of bungalow.

Discussion in 'Legal and financial issues' started by BrianR, Oct 7, 2018.

  1. BrianR

    BrianR Account Closed

    Mar 15, 2013
    22
    A lady's parents owned a bungalow on a tenants in common basis añd the mother died in 2004 and half of the bungalow went to the daughter.
    Dad got married again in 2008 and a new will was drawn up leaving his half of the bungalow to the daughter as long as she let the step mother live in it until death or she enters care.
    The council at first said the bungalow belonged to the step mother and wanted it sold to pay the care home fees but I convinced the council it belonged to the step daughter.
    Now the council wants it rented out to pay the care home fees.
    Does anybody know if the council can force the step daughter to rent out.
    The council will not give an answer on who is responsible for the insurance, maintenance and council tax.
     
  2. marionq

    marionq Registered User

    Apr 24, 2013
    4,984
    Female
    Scotland
    If the lady has now entered care then the terms of the will have been fulfilled and there is no longer a connection between the lady and the house.

    The house now fully belongs to the daughter and she should get the title deeds to reflect that and then decide what she wants to do with the property.
     
  3. tryingmybest

    tryingmybest Registered User

    May 22, 2015
    470
    Female
    I agree with Marionq. The bungalow now belongs to the daughter. A lot of people do not understand what a Tenant in Common situation is but its usually used to protect the inheritance of a son or daughter when the person has had a second marriage, to avoid the property going to the step family. My late Father did that.
     
  4. Jessbow

    Jessbow Registered User

    Is there a daughter AND a step daughter? Who ever was left the first half, now has ownership of the second half, as the clause has been fulfilled.

    I dont think a step daughter, has, or ever had a claim/interest in any of it
     
  5. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,337
    I think the question is: does the step mother still have a beneficial interest in the house which appears to be what the LA is claiming. And that will depend on exactly how the will is worded, and if its legally possible to lose such a beneficial interest simply by entering a care home. Your friend needs an experienced solicitor I feel.
     
  6. BrianR

    BrianR Account Closed

    Mar 15, 2013
    22
    There is just a daughter of the father who left the bungalow to her. She is the sole owner on the land certificate.
     

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