I'm carer (and appointee) for my sister who suffers from severe schizophrenia. I decided to buy the council house which we both live in, along with my mother who also has a dementia/ Alzheimer’s type condition. The mortgage obtained is using the moneys of which the majority came (and is still coming) from benefits/ savings from my sister/mother. I did not put my sister’s name on the mortgage, as her illness may complicate things. The mortgage is in my name and my mother’s. However, it is agreed that my sister will live in the property for the rest of her life, if she wishes. Legally, where do I stand? What do I need to change if anything? (Can you please email me if you are solicitor)
2007-02-11 01:39:05 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You can state in the deed that your sister can live in the property for the rest of her life, but if something happened to you, who would pay the mortgage? You need to ensure if you are unable to contribute your share that because your sister is disabled, her benefit would be sufficient to pay that.
2007-02-11 01:44:04 · answer #1 · answered by lesroys 6 · 0⤊ 1⤋
Hi Andrew,
Firstly benefits are not normally permitted to be used as a guarantee for the purposes of a loan or mortgage so you were lucky there.
You can make a provision in your will as already suggested, also if your sister's money is being used to pay part of the mortgage she will have an equitable interest in the property anyway.
The percentage of her interest will depend on what percentage of the mortgage she pays.
You need to consult a solicitor who specialises in property law.
Good luck.
2007-02-11 21:57:29 · answer #2 · answered by LYN W 5 · 0⤊ 0⤋
This is complicated and you probably do need to see a solicitor.
As you and your mother own the property it is your decision as to who lives there so there should be no issues if you want to allow your sister to live there. The problem comes on your or your mother's death.
If the deeds are in the joint names of you and your mother, you need to check to see if you own the property as "Joint Tenants" or "Tenants in Common". If you died, if it is Joint Tenants the property automatically passes to your mother even if your Will says otherwise. If it is Tenants in Common, your half of the property passes under the terms of your Will.
If your mother dies first and the property will pass under the terms of her Will, if there is one. If this goes to a third party, they could try to force a sale of the property.
You could prepare a Will granting your Sister a "life interest" in the property. This would mean that she can stay in the house for the rest of her life but does not technically own it. You can then state in your Will who gets the property once your sister dies.
If you are using your sister's saving to pay the mortgage, it could be argued that your sister owns a percentage share that her money is paying for. Further difficulty comes as your mother and sister might not have mental capacity to prepare Wills or sign legal documents for themselves.
Hope this helps.
2007-02-11 05:01:42 · answer #3 · answered by nwodtnuoc 1 · 0⤊ 0⤋
Andrew the citizens advice bureau will guide you through this area
.If you have the mortgage in your name ,and accepted by the lenders you must be absolutely sure you have sufficient live cover for all eventualitys to protect Sister&Mother if such a case arises .Good luck
2007-02-11 06:43:21 · answer #4 · answered by not a mused 3 · 0⤊ 0⤋
If your mother dies, you are sole legal owner of the property.
If you want to let your sister stay there thats your business.
I stayed with and bought my Grandmothers house - CASH. She died very suddenly after without leaving a will. Her oldest son, my uncle laid claim to the house and now lives there after forcing me out. BE VERY CAREFUL..! This is a legal minefield where you could lose everything.
Have a solicitor draw up some kind of contract to protect you. I wish I had...!
2007-02-11 02:49:34 · answer #5 · answered by Merovingian 6 · 1⤊ 0⤋
nicely, it relies upon what it really is. If that's an contract to pay funds, the court will take enforcement proceedings in case you request them to finish that. If that's an contract to take a step in on-going proceedings, the court may strike out the declare or defence of the defaulting get collectively. The order ought to specifiy what should be done, and what is going to ensue even if that's not done. If unclear, refer the count back to court and they'll list it for a listening to if needed.
2016-11-27 00:36:37 · answer #6 · answered by ? 4 · 0⤊ 0⤋
It would normally be a simple matter of wills but due to your mothers condition this complicates matters I strongly suggest you consult a solicitor ASAP.
2007-02-11 03:02:43 · answer #7 · answered by frankturk50 6 · 0⤊ 0⤋