NSW Tenants in Common sale between husband and wife

Discussion in 'Wills and Estate Planning Law Forum' started by Peter Connors, 22 July 2018.

  1. Peter Connors

    Peter Connors Member

    22 July 2018
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    I have an elderly neighbour how has been and still is married to her husband for over 30 years (2nd Marriage) Their family home was purchased as tenants in common when they were first married.

    The ladies husband is now in a nursing home and she lives alone and is looking at the possibility of selling the home to buy a residence in a retirement village but was told by a solicitor she cannot sell until her husband passes away.
    Other facts: 1. Her husband has left his half of the property to his daughter with the proviso that his wife can live in the property until her death. or if the property is vacant for 6 months or more it should be sold. 2. She does have power of attorney over her husband affairs. 3. She was told that if she sold the property then 50% would have to go into trust for her step daughter. 4. She can afford to buy a retirement village home without the proceeds of the family property sale.
    Main questions: A: Under what circumstances can she sell the property?
    B: Should she be unable to afford her husband’s nursing home costs in the long
    can she use the funds from his portion of the house sale

    Your advice would be much appreciated as she is very confused with the whole situation

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