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Adding name to mortgage

macca789456
macca789456 Posts: 49 Forumite
Tenth Anniversary 10 Posts Combo Breaker
edited 26 January 2017 at 3:44PM in House buying, renting & selling
Hi is it possible to add my name to my mothers mortgage and title deeds as she is in a care home and has dementia and i am her legal deputy for property and affairs. I believe this is called transfer of equity.

Comments

  • marliepanda
    marliepanda Posts: 7,186 Forumite
    I doubt it as it would be seen as overstepping your mark.

    Why would you do that? How is it in your mothers interest?
  • macca789456
    macca789456 Posts: 49 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    Hi. In order to keep the house in the family as that is my mothers wish.
  • MyOnlyPost
    MyOnlyPost Posts: 1,562 Forumite
    I assume you mean to avoid selling the house to pay for care home fees?

    Any kind of property transfer or change to the deeds usually has to be done years ahead in preparation for such an event as doing it now makes it clear what you are doing and why, which councils then use against you in court
    It may sometimes seem like I can't spell, I can, I just can't type
  • Bob_Bank_Spanker_2
    Bob_Bank_Spanker_2 Posts: 183 Forumite
    macca789456 wrote: »
    Hi. In order to keep the house in the family as that is my mothers wish.
    How is it her wish? She has dementia, so can't make these decisions! If she had wanted to, she could have done this when she was compos mentis.


    You are legally required to act in her best interest - that is quite evidently to ensure she has fully funded care for the rest of her life. Transferring the house into your name clearly doesn't do that.
  • MyOnlyPost
    MyOnlyPost Posts: 1,562 Forumite
    Bob_Bank_Spanker wrote: »
    How is it her wish? She has dementia, so can't make these decisions! If she had wanted to, she could have done this when she was compos mentis.

    She may have expressed the wish some years ago when compos mentis, but yes you are right action should have been taken then to protect the asset
    It may sometimes seem like I can't spell, I can, I just can't type
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    macca789456 wrote: »
    Hi. In order to keep the house in the family as that is my mothers wish.

    There is no legal way to do this now.
    You have to act in your mothers best interest, not the interest of your inheritance.
  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    macca789456 wrote: »
    Hi is it possible to add my name to my mothers mortgage and title deeds as she is in a care home and has dementia and i am her legal deputy for property and affairs. I believe this is called transfer of equity.

    You could apply for a mortgage and buy your mother's house.

    She would then have the capital easily available to pay for her care and you would keep the house in the family.
  • teddysmum
    teddysmum Posts: 9,533 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I don't think you can just join a mortgage. I believe that a new one has to be set up.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    How much equity does your mother have in the property, and how much in other assets?

    Do the lender know she has dementia and is in a care home?

    Do you live in the property?
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