Reply To: Beneficial owner/ Legal Owner

#163613
pamrichardson
Participant

I would suggest that they need to see a good solicitor to unravel all of this!.

From your perspective, however, if she is making a claim to CTS (which I assume she is) you then have to decide whether what they now do to try to change the legal position has been done to take advantage of any benefit scheme.

In the meantime, the legal position is relatively clear in that, regardless of whatever money has passed between the (as there is no real evidence of why that money was passed over apart from they say so) then the clear legal position is unaltered and he is the 100% legal and beneficial owner of the property. If they deem it to be anything else then they need to seek a legal remedy to change that. As the 100% owner of the property (and he cannot argue that legally he isnt) he is quite within his rights to gift any or all to his sister (unless of course that impacts on any benefit entitlements he has). However, he has to do so legally for it to impact on your decision.

I am back to the original point, it cannot be something just because 'they say it is' and it suits them to do so…(if that makes sense!). The council is entitled to place more weight on the land registry information than on anything else and the land registry shows him to be the owner.

In which case I would class him as the owner and leave them to challenge or take the legal route they should have in the first place.