Dad going into care home

[Carol6]

Hello hoping someone call help me answer a question about proceeds from sale of family home. Dad is going into care home next week mum is continuing to live in their house so Dad's care is being partially funded. Mum is not in the best of health but if she should pass before Dad will all the house proceeds be used towards his care? I have had differing views some say only 50% can be used the other 50% can be inherited by myself and my brother others say no all the house transfers to Dad and all the proceeds can be taken towards his care costs.

[Saffie]

I have had differing views some say only 50% can be used the other 50% can be inherited by myself and my brother others say no all the house transfers to Dad and all the proceeds can be taken towards his care costs.

This depends on whether the house is owned by joint ownership or by 'Tenants-in-common'. If the former, then yes, if the partner remaining in the house dies, then the whole house will become an asset of the partner in the care home and will be taken into consideration by the LA.

However, if 'Tenants-in-Common' then each partner owns a half of the house and can bequeath their half to whomsoever they choose. Therefore only half the house will belong to the surviving partner, so that a sale wuld not be feasible.

If the former, t is not too late to change to 'Tenants-in-common'. It can be done unilaterally - I did it last year, thanks to advice from Jennifer!

[caravaner]

We had the same problem last year. My mother has dementia but father was getting frailer. Mum was still living at home but we realised that if dad died then she would need to go into ch as needed 24/7 care and all the money & house would go to LA.

Solicitor came out to see dad and arranged documents to change from joint ownership to tenants in common. He then changed his will so now half the property is between my brother, sister & myself.

My father & I felt it unfair (some will not agree) that working hard, saving and purchasing their own property meant they were penalised by having to pay for all care etc and have to sell their house to pay for it as well when others who may have enjoyed themselves and spent all their money had everything paid for by the LA.