Urgent help needed - tonight please

dina141080

Hi There

My brother and i both own my mothers house 50/50. The reason for this being that my mother took ill and just incase she required to go into a care home we transferred the house into our names. Therefore she would not have to sell her home to pay for her care.

My mother is still alive and well, however she is unhappy staying in her home and want to sell her home to come and live with me, however my brother has decided that he will not sell her home as it was "gifted" to him 3 years ago.

My brother is forgetting that the house was only transferred into our names incase my mother had to go into a home - there was no mention of us actually owning the house morally although legally we do.

Does anyone know if there is anyway we can get the house transferred back into my mothers name or if i can force him to sell.

Any help would be much appreciated.

Emmzi

no, you've been caught bonnie trying to evade fees.

assuming she was of sound mind - nae luck. sorry.

Jowo_2

Google 'deprivation of capital' to check whether your mother's strategy to avoid care home fees is legitimate.

Usually, ownership issues that can't be resolved by parties have to be resolved in court. Have a look at the Shelter website section on relationship breakdown because it details the options open to those in joint ownership when one won't sell while the other wishes to.

Sounds like you need a housing solicitor.

BitterAndTwisted

Morally the home does not belong to him but legally it does. Oh, what a tangled web we weave......! Hoist by your own petard. I could probably come up with a few more literary references if I cared enough

david29dpo

You can only transfer the house back with your brothers permission. It is possible to force a sale but you do not want to go down that road!

dina141080

i stupily went along with my older brothers wishes.. my mum had been in hospital with very severe mental health problems which ended up in a section to administer ect....i am at my wits end i never expected him to do this to her

Pitlanepiglet

dina141080 wrote: »

i stupily went along with my older brothers wishes.. my mum had been in hospital with very severe mental health problems which ended up in a section to administer ect....i am at my wits end i never expected him to do this to her

Will you stick around and tell your story to every other person who thinks this kind of transfer is a good idea?!

How was the transfer carried out? Was you mother in sound mind at the time - you mention mental health problems? Did she get independent advice from a solicitor who was only acting for her?

You need to go and get decent advice, depending on your answers to some of the questions there may be some way of dealing with this but you need a lawyer who understands this area.

dina141080

which type of lawyer would that be .......it was carried out in a lawyers office ,not sure about the sound mind as she was just out of a secured ward at hosptal

BitterAndTwisted

I suggest you find a practice where one of the solicitors there specialises in family law. The sound mind part might be your Mum's get-out-of-jail-free card. Most solicitors offer a free half-hour consultation. Have look on one of the mental-health charities websites, they may have pointers or recommendations

Pitlanepiglet

You need to approach a law firm and see who they recommend, it's likely to be someone in their Private Client department but they may have someone more suited in some sort of mental health team.

Did she had her own lawyer who advised her? Separate to the lawyer who carried out the transaction?

trumpton

I am sorry to hear of your difficulties. You need to see a solicitor with expertise in this area as it sounds like your mother's mental health at the time may be an important factor. Good luck.