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Mortgage paid name on the deeds do we need to engage a solicitor

2

Comments

  • loubel
    loubel Posts: 1,026 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Transfering the house to him after death is no harder than doing so now and likely easier if you own as joint tenants as all he will need to do is send the  death certificate to the land registry.

    Giving away your home now is unlikely to be in your interests
  • kimwp
    kimwp Posts: 3,033 Forumite
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    Hmm, hopefully others will correct me if I'm wrong, but I think setting up the ownership to be 50:50 (assuming that's what you did), but your son paying for everything has meant that he's effectively been adding to your estate.

    So worst case, if you go into a home, he/you will need to fund your care fees (by directly funding or through a charge on the house) until enough has been spent to bring your assets (IE half the value of the house) below £23000. 

    I think it would have been better to reflect his larger contributions to the house with a much larger percentage ownership. Maybe that could be done now? Not sure if it would still be considered deprivation of assets though.
    Statement of Affairs (SOA) link: https://www.lemonfool.co.uk/financecalculators/soa.php

    For free, non-judgemental debt advice, try: Stepchange or National Debtline. Beware fee charging companies with similar names.
  • Grace007
    Grace007 Posts: 22 Forumite
    Fourth Anniversary 10 Posts
    So have I got this correct.  If I had to go into a care home would my Son be forced to sell our home, his only home to pay for care, 
  • Keep_pedalling
    Keep_pedalling Posts: 21,077 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Grace007 said:
    My main property,   market value, £130,000      no other assets just state pension.
    What about the house you co own with your mother?

    https://forums.moneysavingexpert.com/discussion/6561152/stamp-duty#latest
  • Grace007
    Grace007 Posts: 22 Forumite
    Fourth Anniversary 10 Posts
    Grace007 said:
    My main property,   market value, £130,000      no other assets just state pension.
    What about the house you co own with your mother?

    https://forums.moneysavingexpert.com/discussion/6561152/stamp-duty#latest
    The only property we bought was the former council home which we have now paid off the mortgage it was decided he  could not afford  buying another property the council property is our only home.  IT was a joint mortgage at teh time.

  • Grace007
    Grace007 Posts: 22 Forumite
    Fourth Anniversary 10 Posts
    loubel said:
    Transfering the house to him after death is no harder than doing so now and likely easier if you own as joint tenants as all he will need to do is send the  death certificate to the land registry.

    Giving away your home now is unlikely to be in your interests
    Thanks for the reply if thats all it is will do that, just wanted it smooth for him,  as its his only home, could he forced to sell our (HIS) home   to pay for me his Mothers care home fees.
  • RAS
    RAS Posts: 35,768 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Do you own this property as a joint tenancy or tenants in common?
    If you've have not made a mistake, you've made nothing
  • Grace007
    Grace007 Posts: 22 Forumite
    Fourth Anniversary 10 Posts
    RAS said:
    Do you own this property as a joint tenancy or tenants in common?
    RAS said:
    Do you own this property as a joint tenancy or tenants in common?
    Its a former council house we bought on RTB as it was cheaper on a mortgage that rent.    Mortgage was a joint me with the RTB entitlement and my Son as the wage earner, Mortgage is now  paid off in full.


  • bobster2
    bobster2 Posts: 997 Forumite
    Sixth Anniversary 500 Posts Photogenic Name Dropper
    edited 2 August at 5:40PM
    Grace007 said:
    RAS said:
    Do you own this property as a joint tenancy or tenants in common?
    RAS said:
    Do you own this property as a joint tenancy or tenants in common?
    Its a former council house we bought on RTB as it was cheaper on a mortgage that rent.    Mortgage was a joint me with the RTB entitlement and my Son as the wage earner, Mortgage is now  paid off in full.

    What @RAS was asking is about how you and your son own it. I know the word "tenant" makes it sound like renting but it's nothing to do with that. Two people can own a property as "joint tenants" or "tenants in common".

    https://www.moneysavingexpert.com/mortgages/joint-tenants-tenants-in-common/
  • Grace007
    Grace007 Posts: 22 Forumite
    Fourth Anniversary 10 Posts
    edited 2 August at 6:08PM
    Thanks for the reply, so  could he forced to sell our (HIS) home   to pay for me his Mothers care home fees

    joint tenants both of mortgage

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