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What happens when house is sold

(9 Posts)
SorryCantBeArsed Fri 23-Oct-15 11:13:49

Hi. I'm hoping for some advice. My dad and step mum have been married 37 years. They both have Alzheimer's and my dad is going into full time care. The house is in dsm sole name, she already lived there when they married. Dad always earned more money that her and has contributed financially to the house. Would he be entitled to a share of the sale proceeds of the sale. I'm wondering this as I want him to have the best care he can get. They have several bank accounts mist of which are joint
I'm just appling to take over his affairs as I don't have POA
I have two step brothers one of which is wanting to sort out dsm affairs which is fine but I don't want dad to miss out on his side of things and we all know how expensive care is. Thanks

SorryCantBeArsed Fri 23-Oct-15 16:13:38

Bump

Collaborate Fri 23-Oct-15 17:00:56

No entitlement to a share of the proceeds. It's really all too late for that.

SorryCantBeArsed Fri 23-Oct-15 17:09:29

Thanks. I'm in the process of doing deputy ship for him. He's been in hospital for five weeks and when he finally leaves it will be to full time care. His pensions both state and private are paid into their joint account and most of their savings are in joint accounts too. Along with some investments so I will need to look at these to help with his care

LetGoOrBeDragged Fri 23-Oct-15 17:11:40

I'd ask a solicitor. On the face of it it's not fair for your dad to receive less than your step mum if he is part of the reason she could afford to keep the house in the first place. Of course it might depend on whether she inherited it mortgage free from her first dh, whether she actually needed your dad's financial help at all to pay any mortgage, whether he just benefitted from living in a house without having to pay mortgage or rent. Impossible to say without knowing all the details. You would probably have to prove your dad added value to the house. I don't think it would be clear cut.

You have to consider though why your step mum and dad kept things as they are, in terms of ownership and whether your dad would actually want you to potentially fight with your step brothers over money.

SorryCantBeArsed Fri 23-Oct-15 17:18:10

Dsm was widowed from her first marriage, the mortgage was paid off though insuance. Dad paid for the house to be extended and has paid for various improvements over the years. I've no idea why the house was remained in her sole name. I don't want to fall out with either step brothers and I'm very close to one of them. He wants everything done fairly as do I.

LetGoOrBeDragged Fri 23-Oct-15 17:30:09

If your dad's money has added value to the house then it seems fair he should get a share of that when the house is sold. He has paid for something 'traceable' rather than odd bits of DIY, so that's positive.

I hope your step brothers see 'fair' in the same way that you do. I think from their perspective they might see the house as belonging to their parents and take a view that they don't want their dad's money to be inherited by your dad/you, when their father got insurance with the aim of benefitting his own dc. Still, 37 years is a long time to be married and I hope they acknowledge that your dad has contributed.

I am very sorry that your dad and step mum are going through this. Very difficult situation for all of you flowers

SorryCantBeArsed Fri 23-Oct-15 17:41:06

Thanks. It's a very odd situation. For more reasons than I'd want to go into. Step brothers were only little when dsm was widowed, Oddly enough the wills of both parents leave their estate to each other and if the husband or wife isn't still alive their estate is spilt equally between the three of us. So if dsm hadn't wanted dad or myself to inherit I'd have expected the house to be ring fenced. Quite frankly it's only for my dads care I'm bothering about and as my dsm also has Alzheimer's she will also need more care in the not too distant future so inheritance could well be not much of an issue.

LetGoOrBeDragged Fri 23-Oct-15 17:58:56

I think your parents probably just didn't anticipate a situation in which they would both be ill and unable to manage their affairs for themselves. They probably expected one to outlive the other and eventually you and your step brothers would inherit the house.

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