Vulnerable Parent Property Sale

fmc88

.z x x x x x 

RAS

The starting point is that mum should not be putting the house in joint names and partner should not be selling the house.

Does your mum have LPAs in place naming you as attorney? AgeScotland have some good advice on line.

They also have a help-line. Don't know about the Scottish group but they may well be able to offer basic legal advice. 

Auti

Do not allow partner to even think of putting house in joint names - he has no right and, in my opinion, is trying to steal from your Mum. If they split solicitors/law will decide what financial arrangement occurs. If he puts the house in joint names he gets half the house! 

Do not put the house up for sale - it is not his to sell (that is why he wants it in joint names). The house, in your Mums name is insurance for future care needs, and a roof over her head that is secure - renting is not. 

Please tell you Mum NOT to agree to anything regards the house and to NOT sign anything at all! The partner is out to get everything he can and is not in any way, shape or form thinking of your Mum only of himself.

Jemma01

Your mum needs her own lawyer, don't share a lawyer with him. Attend the appointments with your mum and make sure solicitor is aware of her health issues.

Don't allow him to steal 50% of her house by putting his name on it. If he's trying to influence her otherwise, tell her lawyer that. Let the lawyers do the talking, tell your mum not to agree to anything, it is a conversation between the two lawyers.

silvercar

One of the times when you hope they haven’t taken out LPAs for each other! Do check this and if one hasn’t been created, then consider creating one where you can act for Mum if she can’t act for herself.

elsien

he currently has no legal right to half the house but would seem to feel that after 20 years together he may have built up a beneficial interest.
Without further details as to what money has put in over the years it’s not possible to comment further on this which is why your mother needs her own solicitor. This could get contentious and it would be a conflict of interest the one working for both.
Having said that, she may agree that he has built up some equity in the house and wants to be fair to him so then the negotiation is how much money that should be.
From her perspective, it would be preferable to have that discretion now and then an agreement of how much to give him from the sale of the house after it sells, rather than transfer the house into joint names now which automatically gives him 50%. 

If there is a power of attorney naming him and she wants to ch change that then in England at least they are very easy to revoke and then she could make a new one naming someone else, possibly yourself if she wishes. 

if there isn’t an LPA she should seriously consider making one because having had a stroke she may be at risk of another one which could have s more serious impact

user1977

fmc88 said:

Her partner wants to visit a lawyer to change the home into both names before selling 

In return for what? And what's the point of doing so? If they intend to immediately sell then the recent transfer of title is likely to be a problem from buyers' point of view. She can still sell in her sole name and agree to give him some of the proceeds.

I would think a solicitor (who is aware of the background) to be at least wary about acting for both of them.

Keep_pedalling

Most of the money is not all of the money so it does seem like he has built up a beneficial interest in their home although not 50%. Having said that I would not trust him to deal with everything. 

They need to establish what that beneficial interest is and either sell the house and your mother’s ex partner gets his smaller share or your mother pays him his share and stays put. What she must not do is put the property in joint names

If your mother has not put lasting power of attorney in place that is something she needs to do. That takes time so in the mean time she could give you POA to act for her in this matter. She should seek independent legal advice not go along the a solicitor of her partners choice. 

saajan_12

fmc88 said:

.z x x x x x 

Why delete the original post? Posters were trying to help and your situation could help others in future. 

EssexHebridean

we really need to get in the habit of the first person to reply quoting the post in full, to avoid this issue being a problem. 

Albermarle

saajan_12 said:

fmc88 said:

.z x x x x x 

Why delete the original post? Posters were trying to help and your situation could help others in future. 

Perhaps they were getting a different type of answer than they expected, and felt uncomfortable?