My husband sadly is in a residential care home with dementia and i now live alone in our house with a large garden.i visit him three times a week and i'm still working as we are both in our 50's. I have got lasting power of attorney and the house is in joint names.i would like to move to a smaller house and garden but of the same value so it's easier to manage
.legally could i buy new house in joint names even though my husband doesn't live there and doesn't have capacity to consent ? I know if i down size any profit made would be shared/and used towards care fee's.we have also got a tenancy in common agreement done by our solictors so that if i should die before him our children will at least inherit my half of the house and the l.a will only get half towards care costs.
Can anyone shed any light on this grey area?
Logically i feel that as i wouldn't be gaining anything financially and if my husband would be still a joint owner would it be ok and possible to do. Is there any legal reason that this is not possible ?
I have just joined talking point but have belonged to the alzheimers society for a while and find there information and support invaluable.