joint ownership of property between mother and daughter.

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  • #46338
    alisonwright
    Participant

    Can anoyone help me- I need to know whether we can take this capital into consideration. My claimant (over 60 years old) jointly owns a property with her daughter. Her daughter lives in this property with her 13 year old son. The claimant has never lived in the property and does not intend to live in the property as there is no room for her. She states she cannot force a sale on the property because her daughter lives there. The property is worth £150,000. The claimant has not stated whether her daughter pays her rent or whether there is a mortgage on the property.

    The claimant has quoted she believes her interest in the property to be valued as nil and has quoted Chief adjudication officer vs Palfrey 1995 CIS/391/92 as the reason why she should not pay it.

    My question is can we disregard it?

    Many Thanks

    #130749
    peterdelamothe
    Keymaster

    Joint ownership (again!)…

    This thread will help. Search for joint ownership if you need more. The basic rule is that the valuation takes this into account.

    #132637
    alisonwright
    Participant

    The lady in my appeal has replied now to say there is no mortage on the property she has provided the Land registry which shows that her and her daughter are jointly liable.

    I have read Palfrey and others CIS/391/1992 (which the claimant has read and says we can disregard the capital under this) The thing with Palfrey from my understanding is the claimant is in a care home he has no intention of selling the 2nd property he jointly owns with the daughter. The daughter lives in the property and has no intention of selling the property either as it is her home- The daughter in this case also paid for the house and on the claimants death would be entitled to the whole property. The claimant lived in this house prior to moving into a care home.

    My claimant is 75 years old she lives in Housing association property she has never lived in the 2nd property she owns with her daughter (her daughter lives in the property with her 13 year old child) she says her share in the property is nil.

    My question really is does this boil down to the intention of both of them- if the daughter living in the property never has an intention to move or never intends to sell it is my claimants share nil? Would I need to find out who actually paid for the property? or am I over thinking this and at the end of the day if the claimant wanted to force a sale she could so her share would be over £16,000?

    Any ideas or comments would be much appreciated.

    Many Thanks

    #132640
    brhonp2
    Participant

    Consider this…

    ‘The market value is determined by the price commanded between a willing buyer and a willing seller in a quick sale (R(SB)6/84 and R(SB)57/83). It is not the price that the valuation agency come up with, which is usually only the property value and which DM’s usually accept – which means easy appeals for those claimants that come our way.

    The question that I pose to tribunals in the these cases is this: how much would a willing buyer pay for a claimant’s share when there are no guarantees that the owner of the other share wants to sell?. The answer has always been £0 (who will realistically buy a share of a house in this situation?).’

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