Mother’s mortgage
Q. My mother had the opportunity of buying her council house at a reasonable price, but because of her financial situation my husband pays the mortgage. If at any time my mother had to be taken into care will my husband have any claim on the house, or would it have to be sold to pay the fees?

A. Your situation is not uncommon, but it can be fraught with risks for both parties. If for some reason you were unable to carry on paying the mortgage your mother could lose her home; and while your mother’s name is on the title deeds you and your husband have no automatic claim on the house. The solution will probably be for her to make a declaration of trust stating that you and your husband are entitled to a share of the proceeds of sale, if and when the property is sold, to reflect your contributions in meeting the mortgage payments. Alternatively you could arrange a private mortgage. See a solicitor to discuss the various options.

Expensive loan
Q. I lent my son £25,000 so they could put down a deposit on a bungalow until their own house sold. Unfortunately in the meantime his wife left him and claimed half the money in a divorce settlement. I managed to get my £25,000 back at a court hearing, but how do I go about recovering the £2,600 costs I was awarded against my son and his ex-wife?

A. Since the order was against your son and his ex-wife they are jointly and severally liable to pay the costs: you can get your money from either one of them, or both. There are several ways to enforce orders of the court. If your son and his ex-wife are selling their home as part of the divorce you could apply to put a legal charge on it so that you are paid from the proceeds of the sale. Other methods include attachment of earnings orders, instructing bailiffs or even bankruptcy. Your solicitor will be able to advise on the most appropriate method.

Clean sheet
Q. My son was declared bankrupt three years ago but has now been discharged. I would like to transfer or sell my home to him so that he can keep it in good repair, but I wondered whether the house would be taken from him to pay off his past debts?

A. If your son has been discharged – the standard period these days is just one year – he will have been released from all his debts relating to the bankruptcy. So you can transfer your home to him without fear that it will go to his past creditors. However I suggest you talk to a solicitor before proceeding: you should consider the possibility that if your son runs into further financial difficulty your home will be at risk.

Cheaper house
Q. I bought my council house last year for £65,000. It was the first of this type to have been sold at the time. But now another tenant has applied to buy his and has been offered it at a purchase price of £57,000. Is there anything I can do about it at this stage?

A. I would imagine that the other tenant has lived in his house longer than you, which would account for the difference in prices. Under the Housing Act 1985, which allowed council tenants to buy their homes, prices are set at open market levels less a discount, which varies with the length of the tenant’s occupation. So if the other tenant has lived there longer he will qualify for a bigger discount. It’s too late to appeal against your valuation now: appeals have to be lodged within three months of the offer.

On the carpet
Q. I have paid a deposit to buy a carpet from a large firm, but they now say they won’t fit it until the balance is paid in full. Can’t I insist on paying them when the work is completed?

A. It’s obviously safer from your point of view to pay only when the carpet has been fitted to your satisfaction, but it really depends on what you agreed in the first place and what the firm’s standard terms and conditions of business are. Without seeing those terms and conditions it’s difficult to comment on what was agreed, but the firm probably didn’t agree to fit the carpet without being paid for it in full. If there is anything wrong with the carpet or you are dissatisfied in some way once it has been delivered you can of course seek compensation in the normal way.