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House Deeds
Hello.
I'm new to this site so I hope I have set this question correctly and on the right subject page.
My parents both passed away recently. My Dad was last to die and in his final will he simply stated that whatever was left after all the funeral expenses,bills and rates etc. was to be split 50/50 between my daughter and I.
However,when both my parents were alive my mother needed to go into a care home and as they owned the property they lived in my father was told he had to sell the house to pay for her care. He was told by someone that if he changed the names on The House Deeds then The House would not be his and he would therefore not have the money to pay for my mothers care and the council would have to pay it,the care.
He went to his solicitor with my daughter and explained he wanted to remove his name from the deeds and put my daughters and my name on them so we each had half a share of the property.
My daughter has since moved into the house and when I asked about my half she said the house was hers. For some reason or other my daughters name and her husbands name are now on The Deeds. When they went with my father to change the names around he was not in the best of health and on pain medication as he had cancer.My father did ring me when he got home from the solicitor to say he had put my name and my daughters name on the deed in place of his own.
May I point out that I have not seen my daughter for 30 years because of divorce and she has always been with her dad and lived near my parents.
I just need to know where I stand as it seems I have been robbed of half a house.
Sorry that's just what it feels like at the moment.
Hope I have explained this clearly and if any more info is needed I will try and provide it.
Best Regards. spike69
I'm new to this site so I hope I have set this question correctly and on the right subject page.
My parents both passed away recently. My Dad was last to die and in his final will he simply stated that whatever was left after all the funeral expenses,bills and rates etc. was to be split 50/50 between my daughter and I.
However,when both my parents were alive my mother needed to go into a care home and as they owned the property they lived in my father was told he had to sell the house to pay for her care. He was told by someone that if he changed the names on The House Deeds then The House would not be his and he would therefore not have the money to pay for my mothers care and the council would have to pay it,the care.
He went to his solicitor with my daughter and explained he wanted to remove his name from the deeds and put my daughters and my name on them so we each had half a share of the property.
My daughter has since moved into the house and when I asked about my half she said the house was hers. For some reason or other my daughters name and her husbands name are now on The Deeds. When they went with my father to change the names around he was not in the best of health and on pain medication as he had cancer.My father did ring me when he got home from the solicitor to say he had put my name and my daughters name on the deed in place of his own.
May I point out that I have not seen my daughter for 30 years because of divorce and she has always been with her dad and lived near my parents.
I just need to know where I stand as it seems I have been robbed of half a house.
Sorry that's just what it feels like at the moment.
Hope I have explained this clearly and if any more info is needed I will try and provide it.
Best Regards. spike69
Answers
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if the house is not an asset of his, he can't leave it in a will. However it seems there is a lot you don't know for example the circumstances around the house and whether it passed to your daughter or not (i'm pretty sure houses can't just be passed over by just changing the name on the deeds, and that it can't be done to avoid care fees)
thanks for that bednobs.
when they,my father,my daughter and her husband went to the solicitor i don't think they told him the reason for changing the names,which was as we know to avoid paying for care for my mam,just that he wanted the house to be shared between us. What I cant understand is that my father was there when the paperwork was being done and surely he would have seen at the time that my name was not included on the new deeds,or was it when he was there and then changed afterwards when he was out of the solicitors office!! When the will was written the house was in my fathers name at that time and therefore was an asset of his. The House at present is worth approx £250000.00 so it looks as though Im loosing £125000.00 because of what has happened. I have seen a copy of the deeds and the two names on it are my daughters and her husband and not my daughter and myself.
What my father wanted was for my daughter and her family to move into the house after getting a mortage for £125000.00 and then I was to have the the 125000.
when they,my father,my daughter and her husband went to the solicitor i don't think they told him the reason for changing the names,which was as we know to avoid paying for care for my mam,just that he wanted the house to be shared between us. What I cant understand is that my father was there when the paperwork was being done and surely he would have seen at the time that my name was not included on the new deeds,or was it when he was there and then changed afterwards when he was out of the solicitors office!! When the will was written the house was in my fathers name at that time and therefore was an asset of his. The House at present is worth approx £250000.00 so it looks as though Im loosing £125000.00 because of what has happened. I have seen a copy of the deeds and the two names on it are my daughters and her husband and not my daughter and myself.
What my father wanted was for my daughter and her family to move into the house after getting a mortage for £125000.00 and then I was to have the the 125000.
Unfortunately spike, it your father did not fully realise what was happening due to his medication etc., your daughter may have pulled a fast one from what you say. I don't know when this happened but I guess that it was before the Mental Capacity Act came in, when the solicitor would not have let your father sign if he felt he did not understand what was going on. You need to take your own independent legal advice, now, before this drags on, if you are to stand any chance of getting what your father wanted.
bloody hell,sorry for my cursing. Deep down I did suspect my daughter knew what was going on but I cant believe she was the architecture of this.I think its her husband as my father always said he disliked him and the feeling was mutual. I wonder if its worth asking the solicitor involved if he can remember what actually happened on the day the papers were signed. Then again hes not going to turn around and say,oh yes your son in law changed the paperwork when your dad left the room.
I will just have to keep on at my daughter as she knew what my fathers wishes were and hope she has a change of heart but as I have not been in contact with her for 30 years I wont hold my breath.
It seems such an easy way to do someone out of what should be theirs,in my case £125000.00.
Thank you all so much for your help.
Spike.
I will just have to keep on at my daughter as she knew what my fathers wishes were and hope she has a change of heart but as I have not been in contact with her for 30 years I wont hold my breath.
It seems such an easy way to do someone out of what should be theirs,in my case £125000.00.
Thank you all so much for your help.
Spike.
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