Being on the Deeds of a property - what rights does it bring

Carlakoala

Summary: Dad in Nursing Home. I have been on the deeds from day 1. Council want all the sale proceeds to go his fees. Can they take all or do I have rights to the share of the sale proceeds. There is no declaration of trust.

For comparison would a similar situation with a partner be a good legal guide? I have checked and only after 1997 did percentages of ownership go on the deeds.

My father went into a nursing home about 2/3 months ago. He has minimal savings but has a shared ownership house we are currently selling.

The Housing Assoc owns 60% , he/we owns the rest, I have been on the deeds and was party to the mortgage since he bought it in 1994 (we have some of the conveyancing docs and mortgage statements in both our names so as far as the family is concerned my father and myself are joint equal owners, ie, 20% each

The local council claim that without legal proof I jointly own the house (being on the deeds isnt enough they say, even though the land registry states I have been on the deeds since 20-7-1994, they seem to want something that specifies that I won 20%, I can find nothing that quotes this figure) they are entitled to use the full 40% share to fund his care.

Is this the kind of situation you can offer expert help in?

DE_612183

Have you asked them what document they want?

I think they may just be trying to get as much money as they can.

EssexHebridean

How is the property held by the two of you - Joint Tenants, or Tenants in Common? 

itsthelittlethings

Did you put any money towards the property?

Carlakoala

Yes they want as much as possible and have the luxury of us having to prove otherwise. We don't think the document they want exists legally so we are in stalemate as they just hold out for something that we can't provide. The worst case scenario is having to go to court.

EssexHebridean

The reason I asked the question is that the title document proves how the house is held... 

LightFlare

Worse case scenario (imo) is your Dad being moved to a cheaper home not of his/your choice necessarily if there’s no chance of any self funding

It depends on why you were added to the deeds in the first place as the council could be viewing this as a “cunning plan” to avoid care home fees.

However, I’m not sure they can look back as much as 30 years

Carlakoala

We can't work out what our Tenancy status is.

Carlakoala

re putting money in: with Shared ownership you pay a percentage rent and percentage mortgage. By sharing these costs by default yes money would have gone towards the mortgage portion

EssexHebridean

Carlakoala said:

We can't work out what our Tenancy status is.

OK - do you have an up to date copy of the title from the Land Registry? If so, redact all information that identifies you and your dad (this includes the title number, address, and obviously names) then post the image in here and someone will be able to advise you how the property is held. 

itsthelittlethings

Carlakoala said:

re putting money in: with Shared ownership you pay a percentage rent and percentage mortgage. By sharing these costs by default yes money would have gone towards the mortgage portion

If you personally put money in towards the rent, mortgage or deposit, if you can prove this I think you are in a much better position to argue you should get money from the purchase price. However if only your father put money in to the deposit, rent and mortgage I don’t see that you are entitled to money from the sale.