Selling share. of tenancy in common.

StinkiPinki

We are in a situation where we are trying to do the best but it seems that every way we turn we are punished. The situation is, mum has Alzheimer's. She is still at home living with my dad. I live in a different part of the UK. I have decided to move home to help with my mum's care. My dad has offered to sell him share of the house. They are Tenants in Common. I have agreed to buy my dad's share of the house so that he has access to some money, and I have some security by owning half the house. So today I went to the solicitor to start the process and was told that it was too complicated and it was advised against. My understanding now is, that if mum does have to go into care, I could be forced to sell the house to pay for her care when she dies. Is this correct? Surely you can't be forced to sell a house you part own, in the same way I could not force her to sell? Any advice appreciated... SP

AskAsk

a property that is owned as tenants in common can be forced sell by either tenant as far as i understand from reading people getting divorced or separated and the partner doesn't want to sell up.

greatcrested

I think the issue is whether the Local Authority could force the sale of the property to pay for mum's care?

This cannot be done if another owner (eg dad) is living there, but if dad moves out, then it is is possible.

If the OP bought dad's share and lived there, again I don't believe a forced sale (resulting in OP being made homeless) would be possible. Though the LA might put a Charge on the property so that if/when it is eventually sold they can reclaim the cost of mum's care.

But liability for care funding is complex, and periodically changes.

AgeUK has useful information.

Or have I misunderstood who might be doing the forced sale?

xylophone

https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs10_paying_for_permanent_residential_care_fcs.pdf

Slithery

StinkiPinki said:

My dad has offered to sell him share of the house.

Sell who his share of the house? Or did you mean sell his share to you?

Please try to be precise with you wording, as a slight typo can make a massive difference to the context of the question when talking about legal procedures.

Keep_pedalling

If your mother has to go into care the house will be disregarded as your father will still be living there, so he does not have to worry about that. Who has you mother left her share of the house to in her will? 

If it is you then your father would be giving up his long term security. What would happen to him if you died first or ran into financial difficulty? If your father could do with some more financial support why not pay him rent instead?

Thrugelmir

StinkiPinki said:

 My understanding now is, that if mum does have to go into care, I could be forced to sell the house to pay for her care when she dies. Is this correct? Surely you can't be forced to sell a house you part own, in the same way I could not force her to sell? Any advice appreciated... SP

A charge would be put against the property to secure the debt.  What you are atttempting is in essence avoidance in the eyes of the authorities. Hence the solicitors comments. 

greatcrested

A lot also depends who is going to be living there after this sale.

If it is right that the idea is for dad to sell his 50% share to you, will he move out? Will you move in?

As well as all the infomation provided above, remember that if/when you sell your share (ie the house is sold if parents die/go into care whatever) you will be liable for Capital Gains Tax on your share unless you've been living in the property as your main residence.

AnotherJoe

Is your dad in need of the money? Could you just move in and pay him rent instead of a complex scheme?