When can a Local Authority force a house to be sold?

Minky4

Registered User
Mar 27, 2018
16
0
Hello.
Myself and my partner aren’t married.
He has dementia.
We have lived together since 2004, but in his house. It is in his sole name and he had more or less paid off the mortgage when I moved in.
So, my question is, if he is required to pay for his own care and his savings run out, will the Local Authority look to try and sell the house even though I still live there?
I was under the impression that they would and that I would have no ‘rights’ to stop it, however I recently read something to the contrary so I am now a bit confused.
If anyone knows it would be very helpful.
Thank you
 

nitram

Registered User
Apr 6, 2011
30,075
0
Bury
5.1 Mandatory disregards
If you enter a care home permanently, your interest in your existing ‘main or only’ home is usually taken into account as capital. However, the value should be disregarded from the financial assessment if you no longer occupy the home but it is still occupied, in part or whole, as their main or only home by:

  • your spouse, partner, former partner or civil partner, except where you are estranged
....
....


https://www.ageuk.org.uk/globalasse...perty_and_paying_for_residential_care_fcs.pdf
 

canary

Registered User
Feb 25, 2014
25,018
0
South coast
There has been a lot of misinformation on social media saying that a house will have to be sold to fund care, but as a partner the house will not sold while you are living in it.
 

Bobkins

New member
Jan 27, 2020
4
0
There has been a lot of misinformation on social media saying that a house will have to be sold to fund care, but as a partner the house will not sold while you are living in it.
Hi the social worker is pu
There has been a lot of misinformation on social media saying that a house will have to be sold to fund care, but as a partner the house will not sold while you are living in it.
dad is going into a nursing home. He is currently in hospital but lived with me for 12 years. Mum also lived with me and cared for dad as I work full time. It is my house but will they want money from it because dad was living here.
 

canary

Registered User
Feb 25, 2014
25,018
0
South coast
Hello @Bobkins and welcome to Talking Point.
Social Workers often do not understand funding. Has your dad had a Financial Assessment? The people who do the financial assessment are usually much more clued up about funding. Assuming that your house didnt once belong to your parents and was transferred over to you, there should be no question of the house being sold for his care.
 

Bobkins

New member
Jan 27, 2020
4
0
Hello @Bobkins and welcome to Talking Point.
Social Workers often do not understand funding. Has your dad had a Financial Assessment? The people who do the financial assessment are usually much more clued up about funding. Assuming that your house didnt once belong to your parents and was transferred over to you, there should be no question of the house being sold for his care.
Thank you no it’s never belonged to parents. I sort of knew that but wasn’t 100% sure good to hear it from elsewhere especially as dad having dementia and not being able to be cared for at home anymore is heartbreaking. It’s one of the most traumatic times our family is going through. It’s almost more than grief if that’s possible. I just know that nothing is ever going to be the same again, my best wishes go out to everyone feeling this way. Thanknyo7 again
 

Alex54

Registered User
Oct 15, 2018
356
0
Newtown, Wales
@Minky4 my advice is don't wait for someone to tell you what the situation is. Tell the finance department that you have been a civil partnership since 2004 and the family home should be disregarded. Don't make it easy for them, state your case and stand firm.
 

Quite contrary

Registered User
Jan 5, 2020
472
0
Ilford, Essex
A civil partnership has to be registered as such. If that has not been done nor any agreement drawn up then you would be regarded as cohabiting. I think you need to check whether you have any rights as an adult dependent..
 

Bobkins

New member
Jan 27, 2020
4
0
Hi the social worker and discharge team agreed it is best if dad goes into 24 hour care. Watch this space.
 

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