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Has Mum 'dropped me in it' ?
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alfarich156
Posts: 2 Newbie
Hi, first post on the site and looking for advice please.
My mother, who lives alone is in her mid/late 60's has an agreement I signed a few years ago whereby I am down on paper as being a co owner of her (paid for) house. What concerns me is since I'd signed the agreement, I'm disabled myself as she is and I've been claiming incapacity benefit, housing and council tax benefit and dla. Obviously there is a box to tick if you have a property or an interest in one and I've never declared it as it is not like it is an asset I can get any benefit from. Aparently it was done to prevent her having to sell her house when she needs to go into a residential home...
I'm concerned I could be convicted for fraud, fined, jailed..whatever. What would you do? I've thought of having the agreement revoked and my name removed, but this was also done to protect my inheritance (I am the sole heir to my mothers estate) and my mothers mental health and faculty is starting to 'go down hill' of late..
Many thanks in advance, Cheers Rich
My mother, who lives alone is in her mid/late 60's has an agreement I signed a few years ago whereby I am down on paper as being a co owner of her (paid for) house. What concerns me is since I'd signed the agreement, I'm disabled myself as she is and I've been claiming incapacity benefit, housing and council tax benefit and dla. Obviously there is a box to tick if you have a property or an interest in one and I've never declared it as it is not like it is an asset I can get any benefit from. Aparently it was done to prevent her having to sell her house when she needs to go into a residential home...
I'm concerned I could be convicted for fraud, fined, jailed..whatever. What would you do? I've thought of having the agreement revoked and my name removed, but this was also done to protect my inheritance (I am the sole heir to my mothers estate) and my mothers mental health and faculty is starting to 'go down hill' of late..
Many thanks in advance, Cheers Rich
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Comments
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I think you might be in deep water here, as regards your benefit claim, your mother's financial position if she does go into residential care and the protection of your inheritance. It might be best to try a local solicitor who'll give you free advice if a member of such a scheme (they won't shop you!) because you're into potentially complex areas of law.0
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Did your mother inform the Land Registry of your interest in the property, or was this an informal written statement? Has she made a will?0
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If the agreement isn't registered anywhere, get it back and destroy it. You haven't had any benefit from the part ownership. You couldn't have liquidated the asset to use instead of benefit.
If your mother does need to go into a home, she will have the money to decide which home she would like to live in.0 -
Did a solicitor guide you in this or is just a do it yourself thing because its just what people have told youl
What you did with your mum (as far as i can see) has no legal standing but as you thought it did then you declaring it
is, and you realise it, is wrong,
If your mum owns this house, and legally you have no interest in it, then fine, but if, legally you do have an interest in it and you havent dclared it, then yes, you have committed fraud. And you must realise, you asking advice from the very people you have defrauded, us, the taxpayers.
You really need professional adivce. Make an appointment with a solicitor, most will give you a half hour free session.
There really isnt enough information in your original post really. Was the agreement done legally through a solicitor or not.
No matter what you come up with, if you havent got the nous, and you do not consult a legal eagle, then you cannot beat the system.
get some proper advice for goodness sake.make the most of it, we are only here for the weekend.
and we will never, ever return.0 -
alfarich156 wrote: »Hi, first post on the site and looking for advice please.
My mother, who lives alone is in her mid/late 60's has an agreement I signed a few years ago whereby I am down on paper as being a co owner of her (paid for) house. What concerns me is since I'd signed the agreement, I'm disabled myself as she is and I've been claiming incapacity benefit, housing and council tax benefit and dla. Obviously there is a box to tick if you have a property or an interest in one and I've never declared it as it is not like it is an asset I can get any benefit from. Aparently it was done to prevent her having to sell her house when she needs to go into a residential home...
I'm concerned I could be convicted for fraud, fined, jailed..whatever. What would you do? I've thought of having the agreement revoked and my name removed, but this was also done to protect my inheritance (I am the sole heir to my mothers estate) and my mothers mental health and faculty is starting to 'go down hill' of late..
Many thanks in advance, Cheers Rich
I think you might find yourself in deep doo doo here, by not declaring your interest while claiming benefits yourself.
Get legal advice without revealing too much.Be happy, it's the greatest wealth0 -
Like another poster says, if its just an informal piece of paper, it really not worth the paper its written on so destroy it.
If its registered with a legal authority ....ooooh ugh
so get legal advice.
There are legal ways for your mum to protect her propery so again, if this is the case, !!!!!! see a solicitor.
Sorry to ask, but under the circs, where is dad in all this. (sorry, if he happens to be deceased)make the most of it, we are only here for the weekend.
and we will never, ever return.0 -
Hi, many thanks for the prompt response. Mum had the agreement drawn up with a friend who does conveyancing for a living with a firm of soliciters (might've retired), although it was signed at her house, not the office...
Yes, both our names are on it at the land registary and my ex father cleared off with another woman about 27 yrs ago. When this was signed I was living alone, virtually bedbound, now, I'm still disabled but very, very happily married. I know ignorance of the law is no excuse, but I think I need to contact a soliciter sooner rather than later..
Cheers Rich:eek:0 -
You may be ok. My OH part owns a house with his mother, his share is disregarded for benefits because she is elderly and lives there. He has always declared it in any claim but it is disregarded.
I am not sure but I think the age they use is over 60 or disabled. Get some legal advice from somewhere.0 -
Is your mother still married to your father? If so, she MUST make a will, or he could claim a share of the house.0
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Was your father co-owner of the house? If so, how did they complete the transaction without his signature, or buying him out?0
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