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

bobster2

If you are joint tenants (rather than tenants in common - please check your deeds to see) then when you die he automatically becomes the sole owner - so it's all very simple. Removing your name from the deeds now would actually be slightly more complicated than just letting him become sole owner automatically after you die.

Brie

From what I understand an individual will not be forced to sell their home to pay for their parents' care. 

So if you needed to go into a care home and you both owned the property as joint tenants then no sale could be forced to provide you with the money to pay for your care as that would make your son homeless.  When you die the house would become solely your son's property automatically. 

If you owned the the property as "tenants in common" then there would be a determination as to how much of the property was his and how much was yours.  50/50 is the most common but you may have decided this differently.  BUT the local authority might say that your care home fees should come out of your half of the property.  Which doesn't mean he would necessarily be forced to sell it but that the authority would have a claim on some of the money if/when your son sells the house at some future date.  But you say it's owned as joint tenants so you both own all the property.  

If you are concerned about his mother's care fees that doesn't come in to it as far as I can tell as she does not own the property and therefore it couldn't be used to determine what assets she might have.  The local authority might say he has to pay but in reality this is not the case but sometimes they will try to make someone else foot the bill even when they have no right to insist.  

RAS

The mortgage is irrelevant.

A joint tenancy means that you each own the house 100% and when the first person dies, the survivor owns 100%, solely.

So it doesn't form part of the the estate of the person who dies first.

Grace007

RAS said:

The mortgage is irrelevant.

A joint tenancy means that you each own the house 100% and when the first person dies, the survivor owns 100%, solely.

So it doesn't form part of the the estate of the person who dies first.

Thanks for clarifying the mention of care homes monies threw me.

Grace007

bobster2 said:

If you are joint tenants (rather than tenants in common - please check your deeds to see) then when you die he automatically becomes the sole owner - so it's all very simple. Removing your name from the deeds now would actually be slightly more complicated than just letting him become sole owner automatically after you die.

Thanks for clarifying the mention of care homes monies threw me.

Grace007

Brie said:

From what I understand an individual will not be forced to sell their home to pay for their parents' care. 

So if you needed to go into a care home and you both owned the property as joint tenants then no sale could be forced to provide you with the money to pay for your care as that would make your son homeless.  When you die the house would become solely your son's property automatically. 

If you owned the the property as "tenants in common" then there would be a determination as to how much of the property was his and how much was yours.  50/50 is the most common but you may have decided this differently.  BUT the local authority might say that your care home fees should come out of your half of the property.  Which doesn't mean he would necessarily be forced to sell it but that the authority would have a claim on some of the money if/when your son sells the house at some future date.  But you say it's owned as joint tenants so you both own all the property.  

If you are concerned about his mother's care fees that doesn't come in to it as far as I can tell as she does not own the property and therefore it couldn't be used to determine what assets she might have.  The local authority might say he has to pay but in reality this is not the case but sometimes they will try to make someone else foot the bill even when they have no right to insist.  

Brie said:

From what I understand an individual will not be forced to sell their home to pay for their parents' care. 

So if you needed to go into a care home and you both owned the property as joint tenants then no sale could be forced to provide you with the money to pay for your care as that would make your son homeless.  When you die the house would become solely your son's property automatically. 

If you owned the the property as "tenants in common" then there would be a determination as to how much of the property was his and how much was yours.  50/50 is the most common but you may have decided this differently.  BUT the local authority might say that your care home fees should come out of your half of the property.  Which doesn't mean he would necessarily be forced to sell it but that the authority would have a claim on some of the money if/when your son sells the house at some future date.  But you say it's owned as joint tenants so you both own all the property.  

If you are concerned about his mother's care fees that doesn't come in to it as far as I can tell as she does not own the property and therefore it couldn't be used to determine what assets she might have.  The local authority might say he has to pay but in reality this is not the case but sometimes they will try to make someone else foot the bill even when they have no right to insist.  

Thanks for clarifying the mention of care homes monies threw me.

elsien

I don’t think Brie has got it right, but am away at the moment so can’t give a fuller answer.
As already asked, it will depend on how the property is owned, and also how old is your son?