Advice Needed About Future of House

RAS

The husband does not have a HALF share in the property.

He and the OP have a joint tenancy; they BOTH own 100% of the house.

And if the OP died his father is the sole survivor, so his wife and family in a mess.

Mr_Toad

Poppy9 wrote: »

They could put a charge on what they determine is the wife's share of the husband's half i.e. a quarter.

Very difficult to enforce though as the son can't be forced to sell or borrow to pay the charge as this is not a debt he is liable for. As I said before selling part of a house is nearly impossible.

The OP needs to take proper legal advice.

the_gronows

Can they get divorced or at the very least get a legal separation ?
Make sure they and you have got wills up to date

Mojisola

RAS wrote: »

The husband does not have a HALF share in the property.

He and the OP have a joint tenancy; they BOTH own 100% of the house.

But that wouldn't stop the council putting a charge on the house up to 50% of the value - if the father was to go into care.

I really don't see how a couple who have been living financially separated lives for so long would still be counted as a couple. If a married couple separate and one needs to claim means tested benefits, he/she can do so straight away as a single person.

I also don't think having Mum at home for a while would cause any problems at this stage, as long as the separated couple keep their finances separate and they aren't sharing a bedroom or otherwise look as if they are LTAHAW.

croyland87

Sorry for the late reply everybody.

Got in touch with 3 different solicitors and they all said that the council could not do nothing when they work out how much capital my mum has because she has no interest in the property.