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Name on house deeds

FIL is the named on his house deeds but not my MIL. My FIL has now gone into a care home with vascular dementia (fully funded by PCT under section 117). My MIL wants her name on deeds so that they can then become tenants in common and she can will her share of the house as she likes in case she pre deceases him. My wife, their daughter has EPA on FIL but it has not been actioned yet. Can MIL be put on deeds and if so how and how much is this likely to cost.
Thanks stevew

stevew48 Wed 20/08/08 10:59

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R1Geezer
Wed 20/08/08
12:35

deeds are irrelevant, the land registry is what needs changing. This is fairly easy as long as there is no mortgage, shouldn't be more than a couple of hundred..

Barmaid
Wed 20/08/08
18:14

Normally what is on the deeds (or now the register of title) is indicative of both the legal ownership and beneficial ownership. Anyone seeking to show that the interests are different to the legal title has to prove it (Stack v Dowden). It sounds to me as FIL is sole owner of the property - unless there is an underlying trust deed. Putting your MIL on the deeds effectively involves a transfer of one half of the beneficial interest in the property to MIL - ie a gift. Is the land registered or unregistered since that may make a difference.

As FIL has lost capacity, the EPA will need to be registered before the Attorney can act. Even then the Attorney can only act in the best interests of the patient. You may have to make an application to the Legal Guardianship Office to have this transfer approved by the Court as the Attorney is effectively giving away half of the house to MIL.

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