Tennants in common

[dclapham]

Hi
I recently lost my Father and my Mum has dementior and has had to be submitted to a nursing home. Prior to losing my Father i signed a Tennants in common with both parents however my Father did not leave a will which means the house has gone to my mother. My question is, can the goverment sell the house to fund the nursing home expenses or does the Tennants in common prevent them?

[hc4361]

If the property was owned as tenants in common, your father can only leave his share, not the whole house.
How did you do the tenancy in common? As an equal three part share?

[dclapham]

Thanks for responding, my Dad signed over half of his share and my mum signed over half of hers however there i am told that as my dad did not leave a will his full hald goes to my Mum and as she is still alive the goverment can sell the house to fund the nursing home

[Barmaid]

Some questions:

How did your parents own the property originally (if you know), was it as joint tenants or tenants in common?
If joint tenants was a notice of severance served?
Did you live with your parents immediately prior to your mother entering a nursing home?

[Buenchico]

Barmaid is a practising barrister so, if you'll respond to her questions, I'll leave the 'tenants in common' and 'intestacy' matters to her.

However you might find this link useful:
http://www.direct.gov...CareHomes/DG_10031523

Chris

[Barmaid]

Chris - go ahead, you always give good advice. I just have a couple of bells ringing in my currently addled mind.

I am thinking of writing a few articles on property ownership/wills/probate etc for the Articles section - what do you think? (Sorry Dclapham)

[Buenchico]

Neither of us can do much until Dclapham provides some answers, Barmaid ;-)

Yes, I think that it would be a good idea to write an article for AB's knowledgebase. (I'm thinking of writing one about how to check, as far as possible, that a website is trustworthy. It might save me a lot of typing in the future!).

Chris

[NazNomad]

BM, I wonder if people's inability to use the Search bar and/or the Homepage might result in it being a colossal waste of your time.
IMO, you'll still get exactly the same number of questions from the same number of people.
The only time-saving factor is that you could simply post a link to the Article.

I did see the Ed mention updating the Articles 'soon' ... that was dated some time ago, so I don't know how you'd get the content included here.