How do I Buy my mum's Discounted Council house and Protect my investment if she gets ill or siblings claims?

Hi

My Mum wants me to buy her Council House as she has a Huge discount on it (35 years) so that I would get it when she dies (Iam the only child out of 4 without a home). As my mum is on benefits I would pay her the Mortgage in full

If she should ever need full time care in a nursing home for instance, I believe that they force families to sell her home to pay Nursing fees so how Could I protect myself from losing the home.

I have three siblings how can I protect myself from any of them making a claim on the house when she dies as the aim will have always been for the house to be soley mine that I paid for but used her Council discount.

Thanks

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7 Responses to “How do I Buy my mum's Discounted Council house and Protect my investment if she gets ill or siblings claims?”

  1. D B says:

    Difficult as your mum would actually ahve to get the morgage which could be difficult as she is one benefits however you would act as guaranto.r What she could do is make a will leaving the house to you – I am assuming that you are still lving with her.

  2. mark_mertonuk says:

    councils dont do discounts now they give you a lump sum of 16 grand approx as i tried to buy mine if still not sure ask them also make a contract that house stays with you only

  3. willy wom bat says:

    simple. if you buy the house through your mother. it Will have yours and mothers names on the deeds or your name alone. any way you have to go through a solictior when buying the house so he will advise you.

  4. eriverpipe says:

    As far as selling the house if she requires nursing home care there is absolutely nothing you can do to prevent this taking place should it become necessary. This will simply be a risk you will have to take in funding the house. In order to take care of the second one, then having her make a will leaving the house to you, then obviously your siblings would not be able to contect the matter.

  5. smellybadger says:

    do you live with your mum?

    If not you wont be able to buy it as you have to be named as a dependent on her tenancy and have lived their with proof ( ie bank stamement etc) for over 12 months.

    The discount for council homes has changed over the last three years and the maximum discount allowed is 26% of house value,also if house is in need of modernisation then youll get it alot cheaper than if its in a good standard.

    You shouldnt have a problem buying if a mortgage has been arranged as far as the council is concerned as long as you live there and have done for over 12 months

    Your legal rights to the house are the same as if you bought a house independantly in the fact your siblings wont have any rights to it as long as the deeds are soley in your name and not yours and your mums name, if your mum is named on the deeds then they could make a claim.

    As far as nursing home costs are concerned then private nursing can be claimed against equity on a home again though only if in your mums name. If your mum cant cope living at home the you could place your mum on the shletered housing / council run nursing home list, this is free ( if she gets her rent paid by benefits)

    The best thing to do is speak the the CAB they will confirm most of what ive said plus give you hard fast legal guidlines

    Hope this info helps

  6. Franco says:

    Simple.
    If you live with your mother, buy the house and rent it to her.
    She can claim that rent from the council.
    If she ever needs to go into care, she will not have to pay anything.

  7. Luke E says:

    See the guide at http://www.communities.gov.uk/documents/housing/pdf/138178

    I can see a number of problems with your plans which you would need to resolve:

    Your mother is presumably the one with her name on the tenancy, therefore she is the one with the right to buy

    If she is on benefits she is unlikely to be able to get a mortgage as she is unlikely to have sufficient income

    The only way I can see you doing it is for you to get a joint montgage with her – you will then be joint owners. However check this out with lawyers as the right to buy legislation may prevent this.

    Once the sale has gone through she should be able to transfer the whole house to you but talk to a lawyer about this as it may count as selling the house again as it is transferring ownership and there are restrictions on sales for the first 2-5 years of the new ownership. It may also be the case that you wont escape contributing to nursing home fees as she has willfully passed on an asset and there are time limits and restrictions on this.

    If you live with her in the council house you will inherit the tenancy and also the right to buy when she dies.

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