Getting released from Deeds
8:56 AM, 3rd February 2016, 10 years ago
3
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My husband and I are trying to purchase my husbands family home. Prior the death of his parents, his parent built a clause into the Deeds to ensure their physically disabled sister would never be without her family home.
My husbands sister now resides very happily in a nursing care home. We are having great difficulty getting my husbands sister released from the deeds so new deeds can be drawn up for the sale.
Can you please advise.
Thank you
Jeanette
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Member Since February 2011 - Comments: 3453 - Articles: 286
8:59 AM, 3rd February 2016, About 10 years ago
Hi Jeanette,
We recommend you speak to our Legal Team at Cotswold Barristers.
You can complete a request on the contact form in the members profile of Mark Smith (Barrister-At-Law) see >> https://www.property118.com/member/?id=1945
Member Since May 2015 - Comments: 19
3:09 PM, 3rd February 2016, About 10 years ago
hello
yes seems that some people do this
we had the same problem and could not sell the house until the aunt who also was in a nursing home with no hope of coming out was sorted out
this meant she was made a ward of court
they decided on the value of her right and when the house was sold that portion was set aside for her
this was in Ireland but think the same rules applies
Member Since July 2013 - Comments: 1264 - Articles: 1
11:33 AM, 6th February 2016, About 10 years ago
If you disabled sister-in-law was left a life interest in the property, you probably cannot sell it during her lifetime as any income from it would be hers (for her care fees etc. – you don’t say how they’re paid?).
You say you’re trying to buy it, I assume you mean buy out her interest?
Is your husband the residual legatee, or in fact was the house left outright to the sister? Or was she already on the deeds when the parents were alive? In all theses cases I don’t think you have any grounds for removal of her title. You don’t specify her disability, does she manage her own affairs or is there a trustee?
If your husband is not the residual legatee, what provision has been made for the sister’s estate?