Housing trust & ownership advice

Smileitsfriday

Hi guys I'm looking for a bit of advice for my mother and I'm hoping someone can help.

To cut a long story short my mum remarried 16 years ago. Her new husband owned a large house which really wasn't needed for just the two of them so a couple of years after the marriage he sold it and bought a 2 bed bungalow for them to live in.

Fast forward to today and my mum has been given some bad health news and wanted to get all her affairs in order ready for the inevitable. When she started asking about the bungalow that she's been paying into for the last 14 years she noticed that he had not included her on the deed and he was the sole owner. He's also put the property into a trust for his daughter so if he passes my mother won't get anything. Can he do that? Also isn't my mother classed as a joint tenant regardless of who payed for the bungalow?

Where does my mother stand in regards to all of this. I'm really lost and, as you can see, clutching at straws.

Thank you so much for reading and I really appreciate any advice. Thank you.

xylophone

This is a little confusing - you say your stepfather bought the bungalow with the proceeds of sale of his own property but then say that your mother has been "paying into it".

Did your stepfather buy the bungalow outright with the proceeds of the sale of his property?

If so, and given that he had a child of his previous marriage, it is unsurprising that he wished his child to benefit from his property on his death.

Presumably a solicitor drew up his will - if so, it would seem unlikely that no provision was made for your mother - the likeliest arrangement would have been an interest in possession trust whereby your mother had the right to live in the property for her lifetime with the property passing to your stepsister on your mother's death.

Or are you saying that your mother contributed to the purchase price of the property and despite this, the property was registered in the sole name of your stepfather?

See also

http://rightsofwomen.org.uk/get-information/family-law/marriage-your-rights-to-your-home/

Smileitsfriday

I meant it as in she pays household bills etc and has done since they moved in.

I too appreciate that he would want his daughter to benefit from the house after he's gone. What I'm asking though is if my mother is entitled to any of the property?

Thank you for your reply.

Pixie5740

To claim any rights to the property, if her husband predeceases her, she would need to prove that she has a beneficial interest in the property and that might be tricky to do if all she has contributed to is utility bills etc. I take it there was never a mortgage which your mother might have contribute? Have any substation works been done on the house which your mother has contributed money towards?

xylophone

What I'm asking though is if my mother is entitled to any of the property?

See the link concerning her rights as things currently stand.

She did not contribute to the purchase of the property which presumably is why it was registered in your stepfather's sole name.

You say that she has paid household bills but as she occupies the house that seems quite fair - even if she is paying all the bills it could be argued that your stepfather's contribution to their life together is the roof over their heads.

It is likely that your stepfather's will set up an interest in possession trust to protect her in the event that she was left a widow.

It appears to be the case from what you have written that the strong likelihood is that your mother will predecease your stepfather.

Is your mother about to make a will? She could take advice from her solicitor on the matter of the property.

AdrianC

Smileitsfriday wrote: »

Can he do that?

Yes.

Where does my mother stand in regards to all of this. I'm really lost and, as you can see, clutching at straws.

Focus on spending quality time with her while she's still here - instead of your inheritance.

InterestedParty2018

I have very limited experience on this matter - but my understanding is that in short - no, she is not entitled to any "share" of this property (her husbands asset), unless he has specifically expressed this in his will.

Someone on this forum may offer their expertise about spouses "inheriting" the assets when one dies, but I believe that is only the default if there is no specific will stating the deceased wishes. They may also have to own the property jointly for her to benefit.

One question to clarify; you state that your Mother is the unwell one, and putting her affairs in order. My logic tells me that the bungalow (as it stands) is not her asset (she is not a named owner), so she can not treat it/include it in her will for passing on to you or any other heir. She can only include assets in her estate which are hers to bestow on a third party.

Unless she has her own savings and/or other assets, then when the inevitable does happen, you will not have any interest in the home she has lived in for the past 14 years.

Smileitsfriday

AdrianC wrote: »

Focus on spending quality time with her while she's still here - instead of your inheritance.

Whilst I appreciate that you took your time to reply I've been asked to look into this by my mother for reasons that are her own. I couldn't care less about any inheritance. I don't need any of his or her money and I don't want it so please don't assume that this is why I'm asking.

I thank you all for the advice. I will pass on what's been said and speculated.

Tom99

What capital did you mother take into this marriage and where is that capital now?