So confused right now :(

sparkles22

Hi

Whilst I've been a lurker of this site for a while, I've only actually ever posted one thread, but I know from reading how helpful you guys are, and that's what I need now; some help and advice. At the moment I am so confused and don't know what to do (Apologies in advance; this is going to be rather long)

Years ago my stepdad's mum and dad rented a house from the local council. When the 'Right to Buy' came along, hey decided to purchase the house. My stepdad purchased the house in he presence of a lawyer, with the intention of his parents living in the house. Upon their death, as he had purchased the house he would then carry on living in it on his own. Title Deeds and Wills were written up to this effect, or so we thought.

Unfortunately his mother passed away several years ago. His father is alive, but his health has now reached a level where he requires 24 help and assistance, and has moved into a Home for the Elderly. Upon his father being moved into the home, my stepdad arranged a meeting with his lawyer, just to confirm the house was legally his and he could move into it with immediate effect. This is where it all goes wrong.

The lawyer having investigated all he evidence, explained that the Title Deeds and Wills had been written up wrongly; and instead of the house belonging to my stepdad, actually belongs to him and his brothers and sisters, in spite of the fact that it was him who paid for it all those years ago.

Even more confusingly, according to the Wills and Title Deeds, my stepdad's mother actually owned half the house, and my stepdad's father; the other. Obviously his mother is now dead. This has caused huge problems for my family. My mum and stepdad had for years believed the house was theirs and one day they would live there. In addition to this, they also intended for the council house they currently live in to pass onto me, or 'Assignation of Tenancy' as I believe i is called.

They are currently in talks with their lawyer, the social work department and their legal team to talk about my mum buying the other half of the house. However we are not even sure if this is possible? This is where my problem comes in.

My OH and I have been together for 2 years now, although I have actually known him for 18 years as we went to the same primary school together When we were initially told about my mum and stepdad's council flat (I live there too) being passed onto me we were so excited. I knew it would be a long journey, but I was happy to wait.

2 weeks ago, completely out of the blue, the council contacted my boyfriend and I to offer us a council flat. We viewed it, and after much discussion, and 'heated debates' shall we say, my boyfriend agreed it was not he right property for us. However, on Tuesday this week we were contacted again, by the council offering us another flat. Again we viewed it.... and my boyfriend has his heart set on it

I just can't get the idea of my mum and stepdad's flat out of my mind though. They would be giving it to us with all he furniture included (they want to start afresh in the new house; my stepdad's dad's house), and it has recently been decorated. I think we would be mad to pass this amazing opportunity up. However my boyfriend seems to think if we do not accept the offer of this new flat, it may turn out that it's not in fact possible for my mum to buy the other half of my stepdad'a dad's house, and then we would have no flat at all.

I don't know what to do I am so in love with my boyfriend, but I don't know if taking this new flat is the right thing to do. Say we did take it and then everything worked out with the sale of the house; I would be kicking myself. However, I did live with an ex once, which was a complete disaster. I was so vulnerable in the end that I promised myself I'd never get into that position again. I think that's why the idea of taking on my mum's flat appeals to me; I would see it as 'mines', a security blanket of sorts.He says he doesn't think I want to live with him at all, I just want the security of my mum's flat which I will always see as mines, and he's just happening to move in.

I don't even know what I came here to ask I know I have rambled on. I said to my boyfriend I would come to a decision my 9.30 tonight, and he is coming round to discuss it. I don't know what to do .......

paulineb_2

You are passing up the opportunity of getting a council house, which dont always come along very often, because your mind is set on eventually getting a house which was promised to you but your stepfather, who was one day going to pass it onto you, doesnt legally own it? Even if he should legally own it, he doesnt.

You wont get unlimited offers from the council, there are councils who say one offer and one offer only and you need to have very good reason for turning an offer down.

If you dont want to live with your partner right now, thats fair enough, Im assuming your bf could accept the offer of the council flat on his own if you dont want it and you could wait and see what happens with the flat your stepdad bought?

peachyprice

Can't you take the flat you've been offered now then do an exchange with your mum when she'd ready to move into the house, she then gives your flat back to the council?

peachyprice

paulineb wrote: »

You are passing up the opportunity of getting a council house, which dont always come along very often, because your mind is set on eventually getting a house which was promised to you but your stepfather, who was one day going to pass it onto you, doesnt legally own it? Even if he should legally own it, he doesnt.

No, she wants the council flat her, her mum and step dad are living in now when they move to the house her step dad may or may not own.

paulineb_2

peachyprice wrote: »

No, she wants the council flat her, her mum and step dad are living in now when they move to the house her step dad may or may not own.

Ok, understand. The OP talks about passing that amazing opportunity up, its not actually an amazing opportunity, because at the moment theres still confusion about who actually owns it the property the stepdad bought and as such the mum and stepdad will need to stay put until they find out what else they can do re that.

Theres nothing to stop a move into this council flat and then moving on as and when the other flat becomes available (which could be some time away) and then giving up the council flat to move into the mum and stepdads flat as and when its vacant.

Also, I have to say, as upset as you might feel about it OP, this isnt just about how you feel, it affects your bf as well.

carefullycautious

I'm really struggling to believe any of this.

If a tenant purchases on the right to buy it doesn't matter where the money comes from it is purchased in their name/names only. If they leave within a certain time the full discount has to be repaid. How could it have been your Stepdads?

You then go on to say it is owned by Stepdad and his siblings Really?

The 2nd council property is going to be given to you when your parents move, again, Really?

You are then allocated 2 council properties for you and your boyfriend which you cant make your minds up on.


Blimey tell me where this Local authority utopia is and I think everyone will be heading there.

NOne of it makes any sense legally

McKneff

As far as I know, the tenants right to buy would have been just that.

The tenants who paid the rent for donkeys years. Was your stepfather a tenant or not.

Doesn't matter where the money came from.

sparkles22

carefullycautious wrote: »

I'm really struggling to believe any of this.

If a tenant purchases on the right to buy it doesn't matter where the money comes from it is purchased in their name/names only. If they leave within a certain time the full discount has to be repaid. How could it have been your Stepdads?

-My stepdad purchased the house on behalf of his parents. The intention being that they would live in it until they passed away. He lived with them at this stage, which is why he was able to do this.


You then go on to say it is owned by Stepdad and his siblings Really?
- Basically the mum owned half and the dad owned half. The mum is now dead so her half is to be split between 3 sons and 1 sister, even though it was my stepdad who paid for it.

The 2nd council property is going to be given to you when your parents move, again, Really?
-The intention was for them to 'assign' the tenancy to me (Assignation of Tenancy).

You are then allocated 2 council properties for you and your boyfriend which you cant make your minds up on.
-I assure you, I was offered 2 properties. I have been on the list since I was 17 and until now had been offered only 1 property. It is sheer luck that I have been offered two subsequent properties.Or bad luck, depending on how you look at it. I know it sounds complete madness.

The whole situation is complete madness.


Blimey tell me where this Local authority utopia is and I think everyone will be heading there.

NOne of it makes any sense legally

Also, I know this all affects my boyfriend as well. I just think we would be mad to turn down the possibility of a fully furnished, fully decorated flat.

sparkles22

Sorry I'm not completely sure how to reply to posts yet

Ames

Couldn't you take the furniture when your mum and SD move? Make do with basics from freecycle till then?

Also, how is your step dad's dad's care being funded, it could be that the house has to be sold to pay for it.

julie03

i thought council tenancy successions were applied when someone dies, i didnt think you could just hand them on to whoever you want, its not yours to give