is my home protected?

[princessches]

Because my elderly father has my down's syndrome sister living with him, I bought his council house at the discounted rate (in his name) 4 years ago but the house had to be puchased in my fathers name. He made a will at the time leaving the house to me should anything happen to him.
We have since had a fall out and I do not know if he has destroyed the will or altered it.
What would happen if my father had to go into nursing care? Could the council sell it to pay for his nursing care?
What if he dies? Can my brothers have a legal claim on the house? I can prove that I paid cash for it. What can I do to protect MY asset??

[kpp62]

Hi princessches,
this is a differcult one i did the same thing 15yrs ago, my farther has since past away. Like yourself i was the good sermaritine, but the rest of the family saw other wise when it came to hand the house over to me. it was contested, and unfourtuntly, i lost. If the house is still in his name they can take a portion of the value to pay for his keep. wrong i know , it happens. do the right thing and make a mends, sounds like you are a very caring person, and sometimes we have to bite our tongues and do whats best.
i hope this helps . good luck and best wishe's

[Loosehead]

Very difficult I'm afraid, in the eyes of the authorities it's his house and any private arrangement you had is irrelevant. The council will certainly consider it a salable asset to pay for nursing care. There are 3 things you could do but each one equires cooperation from your Dad:
1. Place a charge on the property for it value in the same way a lender would so it could not be sold without paying you the value, bit tricky would need regular updating
2. Transfer equity to you, would incur stamp duty and possibly the council claiming some of the discount back (check their time limit). Possible IHT if he dies with 7 years of that.
3. Get your father to sign an enduring power of attorney, gives you control generally.

See a solicitor for advice

If he dies the house forms part of the estate and comes under the will or intestacy rules.

This is all further complicated if there is an outstanding mortgage.

[dzug]

Alas, I fear it's not your asset. You didn't buy the house - your father did. You gifted him the money to buy it with, you didn't buy it yourself, presumably because you were not entitled to. I think the law would see it that way, even if it's not what you intended.

If he has destroyed the will, then unless he has made another one, your brothers have a claim to a share of the house, along with you, assuming your mother is dead.

If you had lent him the money things might be brighter.

[Law Student]

HI princessches,

This is complicated and you will need to see a solicitor, but...

The good news is that where one person buys property in the name of another a Presumed Resulting Trust is created. The effect is that one person (your father in this case) becomes the legal owner, while the person who paid the purchase money becomes the owner of the equitable estate. If you paid all of the money (and did not make a gift of the house to your father) you are the owner of all the equity in the house.

The bad news is that unless you live in the property your interest is only protected if it is correctly registered at the Land Registry. You should contact your solicitor to have a 'restriction' placed on the Proprietorship Register of the property. Once this is done your interest in the house will be protected.

Hope this helps.


LS

[beryllium]

I had the same problem when I bought my nans property after no one else wanted it. Then she passed away 12 yrs later and then? it was contested. Luckily I had a trust set up and they (the contesters) lost.
If nursing care was required for your dad? well.... after he passes they will want to know who owns the property.....

See a solicitor now!!! are you actually paying for the mortgage and (maintenance if applicable). Always keep all bank/mortgage statements if so.

But...... don't let this bad feeling with Dad carry on, sit down with him. Talk to him. Is the disagreement between you so bad that it can't be sorted?Life is so short. He may need extra help with your sis and doesn't have it? or doesn't know how to ask?
Sending strength to you.
B.

[Barmaid]

I agree with Law Student and Beryllium. However, the key to this is what was intended when you bought the property? What did you discuss? Did you intend to make him a gift or was the property always going to come to you on his death. The reason I say this is that it is your intentions at the time of the purchase that matter and could form the basis for a common intention constructive trust (similar in most respects to what LS said). There is a case - Day v Day (I think), which I think you can get from www.courtservice.gov.uk - if not baiili.org - which whilst it is not the leading case has very similar factors to your own situation. You need to get this sorted out now though. When your father dies, it is quite possible that it would be argued that at best, your father contributed his discount, which is capable of being a measurable contribution and at worst that you intended a gift.

[themas]

On care home fees, if your father has to go into a home the value of the house may be disregarded if your sister still lives there provided that her Downs syndrome is treated as meaning she is incapacitated. Also, I think is should be disregarded if you can show (as suggested above) that you own the equity in the house.

But you do need skilled legal advice.