If changing the deeds of your house into your own name ?

[jaymor]

well it seems she must already have the permission to go ahead and is now going to something that is more close to the value of hers . But I wonder if the la can do anything after she has bought a new place even if there are no funds left over, and also what happens when he dies? Will they try and make her sell her new place to get the money off her for his care which is being partly funded?

As long as she puts both their names on the deeds and if there is any money left over she divides that and puts half into his account she will have nothing to worry about. The house is disregarded because she is his wife so needs the house to live in. That in itself is a bonus.

 

[kenaidog]

As long as she puts both their names on the deeds and if there is any money left over she divides that and puts half into his account she will have nothing to worry about. The house is disregarded because she is his wife so needs the house to live in. That in itself is a bonus.

Ok so if theres only a few thousand left she wont have any problems?

 

[jaymor]

Ok so if theres only a few thousand left she wont have any problems?

No as long as half of the few thousand left over goes to her husband.

I can only repeat what others have said get the proper legal advise and if the LA are paying towards the care then she should explain to them that she would like to move. If someone is involved in paying for care then they have a right to be told what your intentions are when you are selling something that you only have half a legal right to.

 

[kenaidog]

No as long as half of the few thousand left over goes to her husband.

I can only repeat what others have said get the proper legal advise and if the LA are paying towards the care then she should explain to them that she would like to move. If someone is involved in paying for care then they have a right to be told what your intentions are when you are selling something that you only have half a legal right to.

Ok so say if she was only left with 6 thousand say, would she still be made to split that as its under the threashold of paying anyway?

 

[nicoise]

Ok so say if she was only left with 6 thousand say, would she still be made to split that as its under the threashold of paying anyway?

Yes, because it is nothing to do with the threshold, it is because her husband is entitled to 50% of whatever the residue is after paying the bills etc using the proceeds of the sale of the house, 50% of which is his.

Please ask your friend to take advice on this matter - it would seem from what you write that she really is in the dark about how the LA would view her husband's assets, and that she cannot keep spending his portion of whatever might be left over from the house sale and new home purchase.

 

[Saffie]

If she sells, only half the proceeds will belong to your friend anyway to purchase another house unless the LA allow her to do spend more.

 

[Beate]

I don't understand why the same question keeps getting asked. I thought it's crystal clear that taking money belonging to someone else is theft? And that's what it boils down to really. The wife cannot just take a property belonging to hubby and her and make it hers alone. Likewise she cannot use his part of the proceedings from any sale to buy something she solely puts in her name, nor can she spend any cash proceedings that aren't hers.

 

[kenaidog]

I don't understand why the same question keeps getting asked. I thought it's crystal clear that taking money belonging to someone else is theft? And that's what it boils down to really. The wife cannot just make a property belonging to hubby and her and make it hers alone. Likewise she cannot use his part of the proceedings from any sale to buy something she solely puts in her name, nor can she spend any cash proceedings that aren't hers.

Its just all confusing and im trying to help the situation.Personal experiences from people is one thing but what actually happens is another.Obviously she has been told by the solicitor that whatever is being done is ok to do. I just dont want her to have any problems after she moves. I think she should stay where she is personally, but its nothing to do with me really.Just trying to help out> even when you try to look up offical info its still not worded that clearly etc and i know nothing about laws etc.

 

[Saffie]

I'm afraid that it isn't really confusing as the advice given here shows.
What your friend is wanting to do is wrong and if she goes ahead she will suffer the consequences not the solicitor. Not all solicitors are up to speed with everything concerning these matters. As her husband's fees are already being subsidised by the LA the chances of them not knowing what she is doing is unlikely.
That you are trying to help your friend to do the right thing is admirable but it sounds as though she will do what she wants anyway. So by simply telling her it is wrong your have done all you can.

 

[nita]

Can I just say that this is not so very wrong. Her father had lived in the house for many years and paid rent so he is rightfully entitled to whatever discount was given on the purchase of the house.

 

[Saffie]

While hubby is in a home through the cop. does that mean that the proceeds of the house sale are solely yours?


I'm sorry Nita but are you responding to the original post (above) as this which makes no mention of a father but a husband? It is the very fact that he owns half the present house and thus the proceeds which we are all attempting to reinforce!

 

[Beate]

No, it's in response to this post:

A friend of mine, probably 15 years ago as a single mother moved back to her Dads Council house (Mum had died several years before). She decided to buy the house and was able to use her Dads discount. Her Dad developed dementia and she looked after him as best as she could until finally he needed to go into Care which was funded by the LA. After his death, the LA forced her to sell the house as they considered that the council discount she got on the purchase of the property and any increase in value was his money and this money went to pay back the LA. This happened about 2 years ago now. So, I agree with the others, either she isn't understanding the Solicitor properly or he is giving her poor advice. Perhaps it is not his specialist area, but if LA's can consider a council discount as his estate there is no doubt in my mind that his share of the house will always be considered his share

 

[Saffie]

I sort of gathered that but that post was only responding to the first post too - and agreeing with the rest of us.!
I think I'll bow out of this discussion as we were asked for our opinions and we are all agreed that the action is wrong even if the solicitor thinks differently, so there's not much more we can say really.
I hope your friend heeds your warning but it doesn't sound as though she will.

 

[Beate]

But then kenaidog responded to it, DianneLouise explained further, and nita responded to that.

But yeah, I guess the discussion has come full circle. If someone's determined to follow a certain path, I don't think much is going to dissuade them.