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Original poster

Putting Mum on house deeds

15 replies

Espressomartin · 06/03/2019 15:24

Hi all. My 75yo dad has stage 4 lung cancer and is starting to think about finances and the future. He and my mum are married (she’s also 75) but mum has never been named on the deeds, her mum was dying at the time they bought the house and wasn’t around when papers were signed. Dad is concerned about possible nursing home fees. They have limited savings but their house is mortgage free and worth c160k. Neither has a will. Am I right I’m thinking for mum’s security she needs to be named as co-owner (which dad is desperate to sort for her) so that if he does need to go into a home, the house can not be sold to pay fees? Thank you

OP posts:
JudgeRindersMinder · 06/03/2019 15:33

As long as he’s confident that you’ll do the right thing by your mum, rather than put your mum on the deeds, if he changes his will to bypass your mum amd for you to inherit everything, that’s the safest way to do it now. My dad has to do that when my mum has serious Alzheimer’s, on the advice of his solicitor (Scotland in case that makes a difference)

JudgeRindersMinder · 06/03/2019 15:34

Sorry I just saw he has no will. He needs to write one now

ArnoldBee · 06/03/2019 15:37

You can do it yourself by following the You tube vidoes I've just done it and it cost me £40.

Collaborate · 06/03/2019 15:40

Personally I think it's bad advice to bequeath property to a child when there is a surviving spouse.

What if the mother needs to go in to a nursing home? The LA do not have a generous pot of money to pay for care, so unless there is a substantial private income that could pay out, say, £4,000 a month, she may end up living in the cheapest nursing home rather than one she'd be happy in.

The value of the house should be disregarded whilst there is a dependant spouse living there.

Original poster
Espressomartin · 06/03/2019 15:42

Thank you both. He’s getting onto the will straight away. I think he’d probably prefer to bypass mum to avoid her having to deal with formalities and he knows my sister and I would do the right thing by her.

OP posts:
Original poster
Espressomartin · 06/03/2019 15:54

Thinking on it more, I was worried that in mum not owning a share in the property, could the council attempt to make her homeless if dad were to go into a nursing home, to cover the fees?

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babyworry2018 · 06/03/2019 16:01

Any changes that take place within seven years of a property transfer can be disregarded by the council as far as I'm aware- so him transferring the house into your name would be deprivation of assets and they'd disregard it. It being your mums marital home is different.

You may be in a situation where if you're the sole owner they claim back against the house for nursing care anyway and you actually lose whatever entitlement your mum would have. I think your parents definitely need to speak to a solicitor.

Collaborate · 06/03/2019 16:09

I could explain in detail how that plan could turn to excrement but it should really be obvious.

He should speak to a solicitor. A life interest for your mother at the very least is essential.

Original poster
Espressomartin · 06/03/2019 16:10

Thanks baby, i’m going to arrange that for them.

I think on the face of it dad needs to transfer half of the house to mum and they hold their shares as Tenants in common. They could then leave their shares in their wills in trust for the other for life, then onto my sister and I. If one dies and the surviving parent needs care, the deceased’s share is ring fenced.

My main worry is that mum is protected in the event dad needs care, not to protect any inheritance for my sister and me, though dad is seeking to protect that because he’s still wanting to look after us, because he’s dad Smile

OP posts:
Collaborate · 06/03/2019 16:49

I think your main worry is misplaced. Clearly it's a good idea if the property is in joint names, but I really don't think that the house is taken in to account if a spouse lives there.

Original poster
Espressomartin · 06/03/2019 16:55

Thanks Collaborate. I am arranging legal advice for them but given the advanced stage of dad’s cancer, that’s reassuring to hear.

OP posts:
JudgeRindersMinder · 06/03/2019 16:59

Any changes that take place within seven years of a property transfer can be disregarded by the council as far as I'm aware- so him transferring the house into your name would be deprivation of assets and they'd disregard it. It being your mums marital home is different.

This could be the case if mum had been on the deeds, then taken off for the house to be bequeathed to OP. However, because m7m has never been on the deeds, it’s a straight bequest in a will and not seen as deprivation of assets

Fairylea · 06/03/2019 16:59

If your dad needs end of life care as his cancer is terminal he can be assessed by the local council under continuing healthcare and they can grant full funding for end of life care in a hospice or nursing home. This is dependent on his prognosis and the length of time he has left. My mum has just been through this and her mortgage free house is now sitting empty. They haven’t tried to claim anything financially from her - if she wasn’t in the hospice she would be in hospital full time so they have a duty of care to provide somewhere for her to be safely. It may be the same for your dad.

Fairylea · 06/03/2019 17:02

I should add, my mum lived alone and the house was in her sole name.

Original poster
Espressomartin · 06/03/2019 19:47

Thanks Fairylea. Sorry to hear about your mum x

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