Selling House thats in my fathers name.

Discussion in 'Legal and financial issues' started by TanyaBillings, Jul 14, 2015.

  1. TanyaBillings

    TanyaBillings Registered User

    Jul 14, 2015
    2
    Hi, My father has alzheimers, in December last year I moved him into a care home near me, which is an hour away from his home and my mum, (personal reasons for doing this).
    My Mum has finally decided that she would like to move to live near me (and dad). This is going to be a huge thing as they had been in their bungalow since they got married 46 years ago.
    I have LPA for both my parents. As far as I can make out The mortgage was in my Dads name (as things were in them days)
    My question is... Can we put the bungalow on the market? and buy a bungalow near me?
    Does Mum have the right to do this?
    I would be grateful for any advice
    Thank You
     
  2. nitram

    nitram Registered User

    Apr 6, 2011
    19,024
    Male
    North Manchester
    First thing to do is find out who is registered as owner at the land registry.
    As the mortgage has presumably been paid off it is most likely your parents.
    The next question is how is it owned, joint tenants or tenants in common.

    In principle there is nothing to prevent the house being sold and a bungalow near you being bought but you have to be careful to preserve your father's equity otherwise you may fall foul of the deprivation of assets rules for LA funding of his care home fees.
     
  3. TanyaBillings

    TanyaBillings Registered User

    Jul 14, 2015
    2
    thank you, have just applied for copy of title deeds, to see what it says on there.
     
  4. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,046
    Staffs
    Yes your Mum has every right to do this and it is covered in Annexe E of the New Care Act.
    Age UK FS38 Sec 3.6 Page 14 explains it.......http://www.google.co.uk/url?sa=t&rc...MKlaldbgG_amzBg&bvm=bv.97653015,d.ZGU&cad=rjt

    However it does look like there is no guidance covering whose name the new property should be in nor what to do with any excess so will be down to individual local authorities to decide on.

    Hope that helps.:)
     

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