Can i move house

[january]

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.

[jenniferpa]

Hi and welcome to Talking Point.

I'm assume that at this time, the LA is paying some amount towards his care?

Unfortunately you are in a difficult position. The way the law currently stands, if you sell your current house you can only use your 1/2 share to purchase a new property - your husbands share immediately become available to pay for his care. He would no longer receive any contribution from the LA.

Now, theoretically, the LA could agree to letting you use more than your 50% in order to buy a property, but it's entirely at their discretion and they are less and less likely to do this.

I'm sorry it's not better news. If the current situation is untenable (in that you simply cannot afford to continue to pay the upkeep on the property) you should obviously ask, but be aware there is no requirement for them to agree.

[gilly00]

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.

hi i feel your pain my mother went through the same problems ! i would advise you to contact the citizens advice bureau and find out all your rights !