Name on house deeds

amy.ackles

My grandmother recently made a will and stated that she wanted half of my dads house (which he paid for) to go to my uncle. She never paid anything towards the house however her name is on the house deed, as well as my dads.

Is she legally entitled to half of the house?

The house is ex-council and was bought in the 80's. My dad was told that he needed to have both of his parents names on the mortgage (deed) to be able to buy the house. However my grandparents made it clear to my dad that it would be his finacial responsibility to pay for the house.

My grandfather died in the 90's but my grandmother still lives in the house. My dad bought another house in the 90's which we live in and still takes care of my grandmother.

Everyone in the family has always said that the house was my dads pension, which he could sell when she died, but this will not be possible if my uncle gets 50% as he wants to live there forever and would not be able to buy my dad out.

My dad has bank statements that prove that he has paid the mortgage and she still admits she did not pay anything towards te house. My dad has the deeds.

My dad wants to take it to court. How likely is it that he will win the case?

Any advice would be appreciated as it is very stressful

Amy

Rikki

If both names are on the deeds then the house belongs to both of them.

Your Dad does need to get legal advice and he needs to discuss things with his Mum.

trudiha

Why was your gran's name put on the deeds?

amy.ackles

My dad has tried to talk to her but she is not willing to budge.

She has stated in her will that my dads two sister and brother are my uncles legal guardians when she dies. However none of them want to take care of him on a day to day basis and expect my dad to do so.

My uncle who will inherit the house wants to live in the house but will not be able to pay the bills. My dad has been told by his family that they will not let him sell the house.

I should inform you that my uncle, who will inherits the house is mentally ill and it is know obvious that my aunts and uncle (his guardians) have influenced my grandmother, so that they always have a house to come back to.

My dad is very upset about the whole situation as he has paid for the house. He let my grandmother, aunts and uncles live there for over 20 years, and has done so much for all of them and they have stabbed him in the back like this.

My dad did think about taking my grandmothers name off the deeds a few years ago and did go and see a solicitor. He was told that it is expensive to change the names on house deeds and was asked if my grandmother would make a claim on the house, which he replied no and was advised to leave it.

Also my dad has health problems (has done for years) and is on benefits. Can he get legal aid? His health has got worse in the last few weeks as a result.

Amy

Fire_Fox

Is the house being left to the uncle in order to secure his care? Has your dad fallen out with his mum so that she would not wish him to have the house nor be a guardian for your uncle? It may be easier to force the sale of this house now whilst your grandmother is still alive than to wait.

Marcheline

This will sound harsh, but your grandmother is trying to do the best for her son (your mentally ill uncle) by providing him with somewhere to live once she dies. Your dad will still benefit by owning the other half of the house, so she is not leaving him in the lurch either. If she thinks your dad is going to kick his mentally ill brother out once she's gone, in order to get the house, then it's no wonder she's stipulated that your uncle is looked after in her will in my opinion.

I assume your dad bought the council house using the (often substantial) and taxpayer funded right to buy discount that was your grandmother and grandfathers to claim (not your dads) This is probably why your grandmother's name had to be on the deeds as well as your dad's in the first place.

I understand that there was a verbal agreement in place and it may be morally questionable for your grandmother to go back on this, but unless there is something else I'm missing, I have little sympathy for your dad. What I don't understand is why your grandmother opened a can of worms by telling you all what was in her will.

amy.ackles

Yes they have fallen out, over a family matter recently, but the house is not being left to secure his care.

They expect my dad to give them 50% of the house he paid for and then look after my uncle on a day to day basis, pay the bills and any other financial help he might need.

My uncle is on benefits and because of his condition gets more money a month than i do from working. He is expecting to be taken care of but my dad is ill and will not be able to do it.

My dad is also concerned about who will physically care for my uncle on a day to day basis, which he has expressed to his family but it is know obvious that they just want the money.

I know that when my grandmother dies, my aunts and uncle ( his guardians) will sell his share in the house, take the money and stick him in a council flat.

He will be left in the flat with no one taking care of him. My dad is a softie (which is the problem) and will end up looking after my uncle because thats his brother.

My dad has stated that the house is his as he has paid for it, but he is willing to put money towards a nice flat for my uncle, which they can all help to pay for,but they refuse to do that and want his money.

Will my dad be able to get legal aid as he is on benefits?

Amy

Marcheline

Ah, then I apologise for my previous comment. It is clear from what you are saying that your dad is willing to look after his brother financially, but feels unable to look after his person day to day, which is a different matter entirely.

amy.ackles

Thank you

It is frustrating because my aunts and uncle are proffessionals and have well paid jobs, but they think because my dad is the eldest, its his responsibility or something.

My dad was a mechanic, when he worked, he worked his butt off to buy that house and financially support my grandparents, his brothers and sisters, wife and kids.

This has really taken a toll on my dads health and he has started having chest pains.

It is really sad because it has divided the family. There was a family dispute (which could have been resolved) my grandmother, aunts and uncle have used the house as a way of hurting my dad and then saying that they are doing it for my uncle.

We all love my uncle and would never let anything bad happen to him. It is not his fault that he is ill.

Amy

Marcheline

Amy, this site might be of some use to you with regard to your dad's position and legal aid entitlement: http://www.adviceguide.org.uk/index/your_rights/legal_system/help_with_legal_costs.htm

amy.ackles

I have just been talking to my dad and he has told me that he received a letter from my grandmothers solicitor on Friday.

"Notice of severance of equitable joint tenancy"

"GIVE YOU NOTICE pursuant to the LAW of Property Act 1925 section 36 (2) that I desire to sever our joint tenancy in equity so that as from the date of this notification you and I shall hold the said property on trust for sale for ourselves as tenants in common in equal shares as if there has been an actual severance"


What does this mean?

Amy