Parents home signed over to Sister

zippybungle

My elderly and disabled Mum owns her own home. My Sister lives with her.
I have recently found out that my Mum has signed over the house to my Sister, and my Mum will be moving into a council home (bungalow).
Can this be done? Can you just sign over your home to your child and then be given a council home?
My Mum has 2 children (myself and my Sister) but the house appears to have been signed over to my sister only.

Herongull

Of course your mother can give her home to one of her daughters. Why shouldn't she?

But this won't give the mother any additional entitlement to benefits. And there will still be death duties to pay unless the mother continues to live for a long time.

zippybungle

thank you.
My question was more about can you just sign your house over to someone and then expect to be given a council one? There is no reason why my Mum couldn't sell her home and buy one which is more suitable for her needs. The only person I see gaining here is my sister

duchy

There is no legal right for children to inherit. A parent can will their property as they like (or give it away at any time). If your Mum's disability means that the council are rehousing her into a property more suited to her physical needs then she can certainly sell the house or give it away.
Could she have felt she needed to ensure your sister wasn't made homeless so gave her the house ?

If she claims benefits however she will be assessed as if she had kept the money the house would have achieved on the open market (so likely less benefits ).

She could have sold the house and bought gin with it, given it to the cats home or to a random stranger -She made the decision to give it perfectly legally to your sister. If she dies within the next few years your sister will be liable for death duties-if she doesn't the property will be free and clear.

Your Mum benefits by having a suitable property for life and as a tenant no worries about repairs etc and your sister benefits by not losing her home...... the only person not to benefit it seems is you.

Idiophreak

zippybungle wrote: »

thank you.
My question was more about can you just sign your house over to someone and then expect to be given a council one? There is no reason why my Mum couldn't sell her home and buy one which is more suitable for her needs. The only person I see gaining here is my sister

Your sister gets what she wants (a house).

Your mum gets what she wants (a house better suited to her needs).

The only loser is the council who now have to (effectively) pay for your mother's house.

Oh...and you, of course...you've lost any claim you might have had to the house in the event of your mother's death...

RAS

zippybungle wrote: »

My elderly and disabled Mum owns her own home. My Sister lives with her.
I have recently found out that my Mum has signed over the house to my Sister, and my Mum will be moving into a council home (bungalow).
Can this be done? Can you just sign over your home to your child and then be given a council home?
My Mum has 2 children (myself and my Sister) but the house appears to have been signed over to my sister only.

Mum has not been given a council house; she is allowed to rent it at the current rate.

She will be expected to pay for it from the money she received from the house. Unless they are planning benefit fraud?

PasturesNew

If you give your house away you can go on the council housing list ..... however, beyond being on the list, to actually be allocated a suitable property you have to be the best candidate/match for one when it comes up, which might mean there are years/forever at the back of the queue .... or just a longer wait in some areas.

Every area has differing numbers of people applying for the different types of property. She might be lucky and be in an area where it is possible to move into a council housing complex that's suitable for her frail/immobile needs ..... or she might not.

Mojisola

Idiophreak wrote: »

The only loser is the council who now have to (effectively) pay for your mother's house.

Unless mother is going to lie about giving away her house, she won't be getting any means tested benefits.

duchy

RAS wrote: »

Mum has not been given a council house; she is allowed to rent it at the current rate.

She will be expected to pay for it from the money she received from the house. Unless they are planning benefit fraud?

Or from any other income she may have-like a private pension, savings and investments.

SavingPennies_2

I don't know anything about the legal side..but how long does your sister intend to live there, indefinitely? Assuing you all have a good relationship it does seem odd to hand a house to one sister but not the other. I also think it's odd that she didn't just sell the house and buy something more suitable. Was/is your sister her carer or something?

Idiophreak

Mojisola wrote: »

Unless mother is going to lie about giving away her house, she won't be getting any means tested benefits.

...but she'll be receiving the subsidy associated with the council home she's occupying...