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Name removed from land registry deeds

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Feebyboo | 22:18 Thu 18th Feb 2010 | Law
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Hi everyone. Hoping someone can advise. I bought my house using the 'right to buy' with my mum as she had the tenancy and the the full discount. Mums mobilty deteriorated about a year later and she ended up moving into a council flat.
I have always paid the mortgage, even though it is in both our names. I assume the land registry is also in both our names.
Mum's health has now become quite poor and has been in hospital for 4 months. Medical staff are recommending she goes into care. I have a signed letter from mum asking for her name to be removed from a couple of years ago. I never got around to going to the solicitor as I saw it as an extra expence and was always going to sort next month, then the next month etc. I have been told by a solicitor that I will have to pay for mums care as she will be seen has having assets. Am I still okay to have her name removed to avoid the charges?
Please help.
Thanks
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You need to check whether you name is on the Land Register land title. If it is, part of the asset is yours, the other part is your mum's.
In England only, there are pretty clear rules about this now, since the absolute obligation was removed from local authorities. Your mum's capital, assets and savings are used to make an assessment, which is carried out by...
08:26 Fri 19th Feb 2010
-- answer removed --
Is your name on the deeds? Is 50% of the house yours?
She may have to pay for the care if she has savings/other assets but I don't think she can be forced to sell straight away while you live there.
We need an expert. May be worth paying a solicitor or asking CAB/Age Concern. The useful DirectGov site probably deals with this issue too.
You need to check whether you name is on the Land Register land title. If it is, part of the asset is yours, the other part is your mum's.
In England only, there are pretty clear rules about this now, since the absolute obligation was removed from local authorities. Your mum's capital, assets and savings are used to make an assessment, which is carried out by the local authority.
If the assets include a house, that house is disregarded as an asset if the spouse of the person going into care continues to live in it. The local authority also has the power to disregard the property in other circumstances - these 'other circumstances' seem to be at the discretion of the local authority.
The local authority also has the power not to order the sale of the asset to fund the care home and can instead agree a 'derferred payment order'. This is esentially an interest-free loan which is paid back eventually on the sale of the property. Local authorities generally ensure this happens later down the line by placing a Charging Order on the property, via the LR land title.
Local Authorities are wise to those about to go into care, their families and others attempting to avoid the obligation to pay. Firstly you need to find out whose name is actually on the land title. If your mum's name is on it, she shares the asset and it will have to be included in the assessment. Secondly, you will have to work with them to establish whether the 'other circumstances' might apply in your case. Thirdly, if not, you will have to see if they decide to invoke the deferred payment method.
Sorry if you live in Scotland where none of this applies. I haven't a clue what happens in Wales.
Question Author
Thanks Buildersmate. I do live in England. I am assuming both our names are on the land registry deeds. I have already been advised that I may have to pay for mums care when I sell the house. I am annoyed with myself for not sorting this out years ago- mum is too.
I was hoping for good news as in being told, if her name is removed now, I may get away without paying the charges. mum has no other assets or savings and has never wanted any share in the house, it was jointly bought to help me get onto the property ladder.
Regards.

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