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Elderly parents

Transferring ownership of house

2 replies

readsalotgirl63 · 29/08/2017 19:31

FIL died last year leaving MIL in house which is owned by her outright. She is fairly fit and coping well by herself. SIL is struggling with the loss of her dad and is very emotionally attached to the house and is very concerned that MIL might have to sell it to pay for care. SIL is my DH's sister

She has now suggested that she and my DH ask MIL to transfer the house to them. I have said I think the local authority would regard this as deprivation of an asset and put a charge on the house anyway as MIL would still be living in it.

SIL then asked if she and DH bought the house and MIL paid them rent would this avoid the house having to be used to pay for care. I think that the purchase price would need to be market value and the rent market rate for it not to be regarded as deprivation of the asset.

SIL would want MIL to "sell" to her and DH for substantially discounted price and allow MIL to live in it rent free in return. I still think this is deprivation of the asset. Incidentally DH is not really interested in any of these scenarios and SIL has no spare cash but she is very distressed at the thought of losing the house.

I'd really welcome an opinion - MIL and SIL are in England btw and I have posted on legal also but have in the past had lots of good advice on this thread. Thanks

OP posts:
Auntiedahlia · 31/08/2017 21:50

Yes it's deprivation of asset. If MIL needs care at some stage and doesn't have cash to fund it, SIL will have to pay for MIL's care herself if she wants to keep the house.

Needmoresleep · 31/08/2017 22:05

I agree it has to be market value. Though obviously any market value would be lower if your MiL were granted a life interest or similar. But this would be complicated and you would need to use a solicitor and a valuation surveyor so that there was no possibility of the Local Authority chasing you for money.

I think your DH is right not to be interested.

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