Who has rights on our family home?

Tired_and_bemused

Our parents divorced in the early 1970s. Mum stayed in the family home with my sister and myself. My sister (aged 59) has never moved out of the family home.

Dad paid the mortgage (now clear). I have just found out his name is still on the title deeds and he has willed his half to my sister and me. 

My Dad is in a lovely nursing home close to me which he pays for.
My sister has been caring for my Mum for the last 5+ years but as Mum is taking steps to transfer to a care home. It is clear my sister is not capable of maintaining a home of her own so she is taking steps to go into assisted living. 

My actual question; My Mum has not made a will about her half of the house so what claim does my Dad have as his name is still on the deeds; his funds are dwindling close to the £23,000.00 threshold so his nursing home would be interested.

There is no animosity between my parents; it is the two different local authorities (Kent and Norfolk) who will want as much of the proceeds as they can get.

Should we just let them fight it out or is there a straightforward answer?

Keep_pedalling

While your mother lives there his share is disregarded when it comes to self funding financial assessment, you mother and sister move out of the family home then each share becomes part of the financial settlement for both, so the house would need to be sold and the proceeds divided between them. As your father had not lived there for 54 years he will have a capital gains tax liability to meet on the gain in value since he moved out. 

If your mother died tomorrow your father would have no claim on her share assuming that they have held the house as tenants in common since the split, but if for some reason they still own do joint tenants the house would pass to him automatically regardless of any will.  

silvercar

If your sister is dependant on your parents, once she becomes 60 she may have rights to remain in the home. This means it would still be disregarded in terms of a financial assessment on whether either parent needs to pay for their own care. 

silvercar

I'll move this to the marriage/ relationship board, rather than DIY.

outtatune

You need to speak to a solicitor.

Following incorrect advice from strangers on the internet could cost you £000s, no matter how well intentioned it is.

Brie

What your dad has put in his will is immaterial until he actually dies.  So you and your sister will have no claim on the home until that time.  So if it is sold to pay for both parents' care costs that will be it and there will be no home for you both to inherit.  

But I do agree that it would be better to get proper legal advice.  If you (or more correctly your parents) can't afford this it may be possible to talk to a legal adviser via Citizen's Advice, possibly via a car/home insurance policy or through an agency such as Age UK.  Legal advice is often available through employment channels - ex military (SSAFA) or banking (BWC) or unions etc.

RAS

It's not clear from your initial post whether

there was anything about the house in the financial settlement associated with the divorce 
your father is still the sole owner, in which case he owns 100%
your parents are tenants in common, in which case each owns 50%
your parents are joint tenants
Has either parents got a new partner or any other property?

Of rather more importance, I hope that someone has Power of Attorney, for each parent? As those are the people who will have to sort out the care funding and house sale when your mother moves out.

Tired_and_bemused

My word
I think we're in a pickle here; both Mum and Dad's names are on the deeds but I don't have any details on the divorce settlement
Thank you for everyone's help and advice.
It's clear I need to see a solicitor ASAP