The LA will be interested in whether or not there has been deliberate deprivation of asset, they will try to show that funds or property were moved out of his name, or joint name, at a time when there were indications that he might need to go into residential care.
The flat is now in your sole name, how long is it since you jointly owned a property?
Equally how long ago is it since you held joint savings?
If all his income goes into his sole account and the only outgoings are for his sole benefit, or a half share of living expenses, there can be no day to day deprivation.
You will have to give the FO details of his ISA and bank account.
You don't have to give any historical details of your finances but if you can show that the change from joint to sole ownership of property and any changes of account details in your interest were well before any indication that he might need residential care it would stop the LA making an accusation of deprivation.
If I were the FO I would be interested in why somebody who runs a small freelance business was not savvy enough to arrange that capital was transferred to the spouse to take advantage of the extra personal allowance, unless of course the spouse had a large pension.
Hi Nitram, sorry not to respond sooner...busy with childcare...to answer your last point first, I am definitely rubbish when it comes to finance and tax matters, but no, my husband just has three small pensions.
I've had various houses in my name before and after I met my husband, but the reason we decided to put the present one in my name was for family reasons, after some discussions about inheritance. My intention was to leave the property to my daughter, a single parent who has had mental health issues, as my stepdaughters are both married and comfortably off. I also changed my will to reflect my wishes in this regard. My husband was not I'll when all this happened. Our original wills were made in 2006.
We never had much in the way of savings until we downsized to the present property...again it was with a view to being able to support my daughter who is a mature student living in London. It was also to move to a more suitable ground floor property for our advancing years.
Hope this answers some of your queries. Thanks again for your interest.
