I am instructed by a mother and son who “jointly” and equally own a “Park Home” which is a static “mobile home”. My clients own the Park Home but obviously not the land where it is situate.
The concern is that if mother goes into care is the whole value of the Park Home taken into account or just mother’s half-share ?
I f it were real property then we could create a tenancy in common but can this be done for personalty ?
I had in mind a Declaration of Trust signed by them both acknowledging that they held separate half shares in the Park Home…comments please.
It’s my understanding based on CRAG the LA would only consider the mother’s share: see 6.035.
The LA does expect to see DOT on for example bank accounts where the holder claims monies are ring fenched for grandchildren school fees.
I’d suggest your idea may hold merit.
However, in addition it is far simpler to have a partnership agreement detailing the holdings. This could be presented to the LA as proof of the ownership. In addition partnership returns can be submitted to reinforce the proposed ownership %.
The value of 50% of the property is argubley more akin to 15% of the overall value. The business would be valued on the basis of willing buyer - that may only be the son (or other owners).
The value of the half share may not be an arithmetic half of the total value. Also with this type of property there is often a restriction on who it can be sold to - commonly the site owner who may not permit purchase of a half share - it may have no value at all?