What happens to the house?

[charlie10]

Might be worth just running it past a lawyer (I believe CAB often have a free Community lawyer?.....perhaps could be answered by phone call? Or the Alzheimer society helpline?).....otherwise you always have a niggling question hope you can come up with a solution

 

[pixie2]

Hi @little shettie
Your mums bungalow has a mandatory disregard because there is a family member living in it who is over 60 years old.
This means that it is not considered at all, all the while you are both living in it. No-one will come asking for any money unless you move out of the property before she dies. When she does pass away the bungalow forms part of her estate and will be left according to her will. No-one from Social Services will asking for money for your mums care at that stage either.

So dont worry
xx

I have same thing, mam has a deffered payment. If i can't pay back when she goes the sale will be used to pay

 

[Roseleigh]

Hi charlie10 ,yes, I was thinking the same thing, I've probably left it too late now to change to tenants in common, i wish i had done it few yrs ago when somebody told me about, but didnt think I would need it then.i looked it up and it seems quite easy to do but I've not gone into it properly.. as as you say, I've left it too late, LA would soon suss it out

It's not too late. You are not depriving him of assets because he will still own his half. It simply means you can leave your half to your children, not him. You will also need to redo your will stating that you dont wish to leave anything to your husband, but only to your children. It sounds horrible I know.

 

[canary]

'm still trying to get my head around 'tenants in common' as I'd not heard of it tilI I read about it on the forum. However, as @pevensy has mooted the possibility of her husband needing a CH in the next few months, would that not look like deprivation of assets?

No its not deprivation of assets as both owners would still own half the property. The house would still be disregarded, so no change there. The only change is when one spouse dies, because each tenent in common can leave their half to anyone they want - if its joint ownership then it goes automatically to the remaining spouse.

OH and I own our house as tenants in common and we have both left our half of the house to our children in our wills. If/when OH moves into residential care I will still be living in the house and so it will be disregarded. If the house gets sold before I die he will still get his half of the proceeds. If I die while he is still in a care home, though, he will not automatically get my share. I can do what I like with my share - my money and assets are not considered in any financial assessment of his fees, so it is not deprivation of assets. He will still keep his share, but my share will go to our children.

 

[pevensey]

No its not deprivation of assets as both owners would still own half the property. The house would still be disregarded, so no change there. The only change is when one spouse dies, because each tenent in common can leave their half to anyone they want - if its joint ownership then it goes automatically to the remaining spouse.

OH and I own our house as tenants in common and we have both left our half of the house to our children in our wills. If/when OH moves into residential care I will still be living in the house and so it will be disregarded. If the house gets sold before I die he will still get his half of the proceeds. If I die while he is still in a care home, though, he will not automatically get my share. I can do what I like with my share - my money and assets are not considered in any financial assessment of his fees, so it is not deprivation of assets. He will still keep his share, but my share will go to our children.

Gosh, yo have explained that really well canary, THANKYOU.
Now do you know the easiest way to try and get this started.
a straight forward way hopefully.

 

[canary]

Now do you know the easiest way to try and get this started.
a straight forward way hopefully.

We got it all done together via a solicitor - both of us changing from joint to tenants in common, updating wills and organising POAs - as a package. It was the only way that OH would have agreed to it, so it was worth every penny of solicitors fees, but Im sure there must be a way of doing it yourself without involving solicitors.

 

[pevensey]

We got it all done together via a solicitor - both of us changing from joint to tenants in common, updating wills and organising POAs - as a package. It was the only way that OH would have agreed to it, so it was worth every penny of solicitors fees, but Im sure there must be a way of doing it yourself without involving solicitors.

Thankyou, not sure hubby would understand what hes doing though, in fact I know he wouldn't but will get some advice from
CAB or Age Concern

 

[pevensey]

Hi. Sorry I didn't get back to you sooner but I can see that it's been explained by others who know more than I do. We haven't done it yet because we still have a mortgage and I understand we can't do it until that is paid off.

Hi Normalellia, thankyou anyway, yes I think I'm ok with it all now, it's been a real eye opener talking to everyone on here, been a massive help, thankyou everybody.
Look after YOURSELVES

 

[canary]

OH had capacity at that stage and knew exactly what was happening, but thought I was trying to "take him over" which is why I went for a solicitor. I dont think that your hubby would be able to change his will at this stage (I hope you have got POA) so you will probably just have to do things yourself without his involvement. The main thing is for you to change your will.

 

[pevensey]

OH had capacity at that stage and knew exactly what was happening, but thought I was trying to "take him over" which is why I went for a solicitor. I dont think that your hubby would be able to change his will at this stage (I hope you have got POA) so you will probably just have to do things yourself without his involvement. The main thing is for you to change your will.

I've been really slow in sorting out POA, I kept putting it off as that's something else I thought was going to be really difficult.
It's all signed and done now but waiting for it to come back from online solicitor as I did it online, cheapernthst way. It will be another 10 days before it's all sorted.I can change my will in the meantime though, do you know if that will be allowed this far into his illness, diagnosed 3 and half yrs ago Canary.

 

[Beate]

It's your will, you can change it anytime you like.

 

[canary]

What Beate said

 

[pevensey]

What Beate said

THANKYOU, for all the advice everyone. Take care and
Look after Yourselves.