Deferred payment query

[slalomsuki]

DM is in residential care and has been for the last 2 years. Initially she self funded and more recently the local authority has part paid with her making up the difference.

DH and I part own her house as she moved 6 years ago to be near us abs she lived there independently for 4 years. I completed all the forms etc for funding and declared the % that we each own.

Yesterday the local council asked if they could put in a deferred payment agreement on her house which I understand but all the documents I can find relate to the house and a partner or dependent and nothing about joint ownership and % ownership. I am looking to make sure that we protect our % and make sure that any agreement that is signed only recognises her % share.

Does anyone know where I could get some advice on this and how to respond to the council? Do we have to agree to this and can they force us to do so?

Can I ask what percentage you put into the house? Did you register that proportion legally at any point, or was it just an understanding with your DM? And are you joint tenants or tenants in common?

AgeUK are really helpful about this sort of thing.

@MarianneUnfaithful

AgeUK are really helpful about this sort of thing.

Absolutely. I have similar concerns about a house that I own with my mum. I called Age UK just last week and they were incredibly helpful.

Thanks for your quick replies. It's a 50:50 split and was registered legally at the time of purchase and also checked when we wrote wills to reflect DH and I had first refusal to buy the remainder of the share when she died rather than my brother being involved.

I'll start with Age UK and go from there.

If you are joint owners, the house reverts to you when she dies anyway, without being part of the will. So you wouldn't need to buy the other half and no family members would be involved. So are you tenants in common?

Theoretically the council can take her half on her death if the latter. If you're joint tenants, they can't unless they put a charge on the property. This is the point that I'm at. If they have, then I haven't been told about it.