My mum and my brother are joint tenants of the house that he and his wife have lived in for 25 years. It was originally my mum's rental property, but when the tenants left, she suggested that my brother live there (he and his wife were in a council property at that point) and that he be added to the deeds.
My mum has been in a care facility for 12 years after a massive stroke, and her care has burned through over £750k, (everything she possessed and much more) so now the council pay, but it is a debt that will be called on from her estate. They wanted her to sell the house, but of course she wouldn't agree to, and as far as I can tell from the Land Registry, they haven't put a charge on it. Consequently if she dies first it becomes my brother's and the council can't take it.
However, my brother is no longer in good health, while, though very disabled, my mum seems to be hale and hearty. And it occurred to me that he could die first, in which case it becomes my Mum's entirely and the council could come after it on her death, leaving my sister in law homeless.
Have I got that right? Could they actually do that? Or would she have some right to remain in it, even though she's not on the deeds? I don't think this has occurred to my brother, but if and when it does, I'd like to be in a position to know what to say to him. Or if there's a way to protect my SIL then it would need doing.
Sadly my Mum is highly unlikely to agree to putting SIL on the deeds. She has a totally irrational dislike of her. Frankly mum is more likely to want to take my brother off the deeds, so I'm not going to even mention it to her (she's an exceptionally difficult woman who can be very spiteful, sadly)