Is my dad protected

FEEBEE1

Hi everyone,


This is my first time posting and I am hoping that I have posted on the correct forum.


My parents have been happily married for almost 40 years. Basically it has just dawned on my that my parents house is actually just in my mothers name. I believe at the time they each bought their own property and whilst dad's property was sold a long time ago they just never got round to adding him onto the deeds.


Whilst I pray neither of them experience any illness - I am now wondering what this means for my dad should anything happen to my mum. For example, if mum ever needed to go into a home or needed home care could my dad be told to sell the home to pay for this and therefore be left with no home?


Mum has roughly two years left to pay on their mortgage. I know the simple answer would be to add him to the deeds however they are both now retired and we are thinking the mortgage company will not want the added risk - after the mortgage is paid off we will could add him to the deeds. However, just wondering where he would stand over these next two years, like as I said anything was to happen to my mum.


Many thanks in advance
Feebee1

FreeBear

Short answer - They should both make a will. Get one done by a reputable solicitor, not one of these will writing outfits, and certainly not a DIY pack from WH Smiths. A solicitor will discuss the various "what if" scenarios and provide qualified advice.


As for the property - Has it been registered with the Land Registry ?
If it was purchased before registration became compulsory, certainly look at doing a voluntary first registration. This will cost little to do and gives opportunity to update ownership details.

TBagpuss

Your dad would be protected provided that he was living in the house at the time your mum had to go into care.

However, for added security they could enter into a declaration of trust to record that while the house is held in your mum's name, the beneficial ownership is split 50/50. Then once the mortgage has ben cleared they can update the deeds.