Tenancy in common

Doctor_Qui

Hi, I'm not sure if this is the right place for this query but here goes!

My mother and step father had a property together which they shared at TiC. Both parties protecting the financial rights of two sets of siblings from previous marriages.

My mother passed away a few years ago and my step father continued at the property as would be expected. To be honest, I never really got on with my SF who came along when I was 20 my brother 18 and his daughters 11 and 13. After mum died the family went their separate ways.

Anyway, my SF has now developed dementia which I found out through a Facebook post, followed by and email from my step sister who is advising that her father will have to go into a carehome and asking me and my brother to give up our 50% held in trust, to help pay the carehome fees. She also stated that a solicitor has looked at the Will and was surprised to see this arrangement and had apparently never seen a 'tenancy in common' situation before. This I find very odd as I understand that such arrangements are very common.

Basically, this has all been communicated via facebook, if I give up my share (which, if I'm honest, I was depending on in the future to settle my own mortgage) and my SF dies within a couple of years, does this mean that any capital left would automatically pass to his daughters.

So much of this seems very odd...!

Please don't misunderstand me, I'm not a gold digger but this was my mums inheritance to me!

Surely, my SF will have his finances assessed based on his own share of the property and any shortfall in finances provided by the state?

Can anyone advise?

CLAPTON

TIC is indeed very common and it's simply not believable that a solicitor is unaware of this

best if the house is sold and you and your brother receive your half; and your SF has the use of his half to fund care.

presumbaly it will be quite a long time before 'their' half of the money runs out;

later, if and when the situation arises you can consider helping out if you wish

frankly it looks a bit suspicous to me;

and as you say, once his money runs out the state will pay.

holly_hobby

Yep - TIC arrangements are very common for non-couples purchasing together, and those whom wish to keep their financial affairs separate.

A solicitor never seeing one - well they've led a very sheltered life if thats to be believed !

The fact, despite a TIC arrangement being in place, that you allowed the SF to remain in the property post Mum's passing (i.e - without prompting sale to obtain your mothers 50% share), demonstrates that you are neither heartless nor a gold digger !

SF has to go into care, accordingly the property is sold to both release the capital to fund his care, and to distribute to you Mums 50% equittible share (assuming that Mum didn't bequeath it to him, or A N Other in any will ?).

I can appreciate that SF children are anxious about his care and the funding of such - but it is obvious from the manner in which the property ownership was established, that Mum wanted her share to go to her family, and not be considered a joint asset for the benefit of SF on her passing. So in reality if you want to construct an argument to their request, it is simply that you are not in a position to go against Mums wishes re how the property is distributed, which she wished to be under a TIC arrangement of 50/50, so 50% equittible share MUST come to you upon disposal - its non-negotiable (and can't be challenged in court if thats another idea they float to try and "pursuade you").

Hope this helps .... and hope things have gotten brighter after Mum's passing xx

Holly x

thegirlintheattic

Being cynical I'd say they are pulling a fast one and want you to pay for his care. Do not give up your share. Tell them they will have to sell the house and use his half to pay the fees.

englandcrew

As mentioned previously this is very common practise and seems to me this was done so that you mum knew you and you brother would be left with some money.

The cynical part of me says that your half sisters are just trying to share the costs so that their half lasts twice as long and they don't lose all their money! As far as I'm concerned it's your call and your well within your rights to simply take your money

troubleinparadise

And to be even more cynical....

If the boot was on the other foot, in that it was their father who had died first leaving your mother in the property with her 50%, would they (SF's daughters) be happy to give their 50% house value inheritance to pay for your mother's care?

I suspect possibly not, although there may be incredibly altruistic people out there, much more generous than myself....

sebastianj

yep,
I think you have been advised correctly here.The inheritance is yours and your brother's. You contributing to care home fees will not help in any way.
sebastian