Ownership of House

[drambuie]

My father moved into my grandparents council house 34 years ago when my parents split, my grandad died 20 years ago and the tenancy passed to my nan. Years ago the option to buy the council house so my nan told my father to buy it and the agreement was she would end her days there plus he would never be homeless because the council only hand tenancy over once, so my father bought the property and mortgage is in his sole name but he's not sure if he put my nan's name on title deeds. Now that my nan is in hospital and social services say she has to go into a nursing home my aunt is now saying she wants nan's half share of house split between herself and my uncle (my uncle doesn't agree he thinks it's my father's house outright ) Does anyone know if my nan has got a half share ? or if my aunt has a claim she is saying she will take a solicitor into hospital to get my nan ( who's blind, deaf and got dementia) to sign her half over even though my uncle and father don't agree with it. Thank you for any answer's.

[dannydingbat]

You cannot have a person's sole name on a mortgage unless that person is the sole owner of the property. Simple answer - get the information you want from the land registry or the deeds, which will be held by the lender of the morgage.

[beryllium]

When your dad bought your nans property, the solicitor acting for him should have had a will made for your nan, the property should have been put in trust, even though your dad has the mortgage, it was still where your nan lived.
Since your nan is now unfortunately unwell, and with dementia she is not able to sign anything. Your father must get a solicitor to act for him to protect his investment.
There really should have ben legal representation from the start as he was buying a council property.
His sister does not have any right to 1/2 the property, she has not paid towards the mortgage.

[dot.hawkes]

if your dad got a mortgage and bought the house from the council and has paid the morgage all this time, it is not your nan's property, as she never owned , she was a council tennant prior to your dad buying it. She may have contribued to the household but in law this would not make her a lodger either. Your nan cannot pass on anything that does not belong to her,

[beryllium]

This actually happened to my dad aswell with his sister. All the proof was in the statements from the bank and mortgage company. She did actually get a new will drawn up aswell!!! as Dot says, (hello dear Dot, I really hope you're on the mend btw :-( poor toes....) your nan became a tenant.

[dot.hawkes]

sire beryllium very sore and i am struggling to get about but i heal quickley thankfully

dotty
xxxx

[sandbach99]

I believe only a council tenant has the right to buy, so your father may have the mortgage in his sole name but your Nan would have actually bought the property.
As the solicitor knew the situation he should have drawn up legal documents to protect your Dads investment.
Get your Dad to check with the solicitor who did the transactions.
Even if your Aunt takes a solicitor to the hospital to your Nan any will made would be invalid if the medical opinion agrees with you that she has dementia and is unable to make a will because she is unaware of what she is doing.
Your Dad needs to find out urgently regarding the ownership of the property so he can be sure of his position when Social Services ask if there is a property that can be sold to pay the nursing home fees.

[drambuie]

Thank you for the answer's. My nan has never had to pay anything towards the house my father pays for everything her pension goes to the building society and out of that my aunt has been taking �100 per week to get her out of bed, wash, dress that's it my father was doing everything else to care for my nan. The mortgage is his and in his name only. I don't think this is my nan i think this the aunts doing because she doesn't want her to go into care she lose the money she's been taking to care for her own mum. My nan doesn't know where she is what day of week etc. I have told my father to go to a solictor asap. They don't think my nan has a will.

[dot.hawkes]

i don't think it matters that your nan does not have a will as it seems all she has is her pension, has your aunt been declaring the income to the Income Tax and national insurance people? She may be in receipt of other benefits that this income would affect, i would just ask her nicely and see what happens.

[dannydingbat]

As I said before, if the mortgage is only in his name, so is the house. Guaranteed.