Can I move house if my husband has CHC?

[Lyness12]

I need urgent advice please.

My husband has been granted NHS CHC which I understand will be reviewed at 3 and 12 months.

We have no capital and our only asset is our home. I have Power of Attorney for both health and welfare and property and finance.

I understand that were his CHC to be revoked he would be assessed for Local Authority funding. If this were to happen I understand that I could remain in our present home as this would be discounted in the assessment, but were I to sell the home (we are Tenants in Common) 50% of the funds released would go to the LA to pay for his care.

My problem is that I have failing eyesight and live in a rural area and need to move to a property close to family in a well serviced village as I will no longer be able to drive.

My question is this: whilst my husband is in receipt of CHC am I legally entitled to sell our home and move elsewhere? If I move to a home of similar value there would be no deprivation of assets and the property would again be held as tenants in common.

Thank you all

 

[Palerider]

Hi @Lyness12

Firstly how old are you? if you are 60 or over then the state can't take any equity from you due to the rules of compulsory disregard. So that's the first hurdle.....

 

[nitram]

My question is this: whilst my husband is in receipt of CHC am I legally entitled to sell our home and move elsewhere? If I move to a home of similar value there would be no deprivation of assets and the property would again be held as tenants in common.

You can do this although as you cannot act both for yourself and for him as LPA a trustee will have to be appointed to act for him protecting his interest.

 

[Palerider]

You can do this although as you cannot act both for yourself and for him as LPA a trustee will have to be appointed to act for him protecting his interest.

NItram means you would have to legally split your estate from your husband for which you will need a solicitor.

 

[nitram]

Firstly how old are you?

Age limit does not apply to spouse.

 

[nitram]

NItram means you would have to legally split your estate from your husband for which you will need a solicitor.

They already own as tenants in common.
The conveyancing solicitor can appoint a trustee.

 

[canary]

You can do this although as you cannot act both for yourself and for him as LPA a trustee will have to be appointed to act for him protecting his interest.

This doesnt mean splitting the estate as you already own the house as tenants in common. The trustee does no have to be a solicitor, but I have not had to do this, so I dont know how you go about appointing one.

Apart from this, there should be no trouble about moving. As you rightly say, you will have to continue to own the home as tenants in common and if there is any money left after buying the new place it has to be split 50:50 between you.

It sounds to me as though a move would be a good idea for you
xx

 

[Lyness12]

Age limit does not apply to spouse.

73 Nitram

 

[Lyness12]

This doesnt mean splitting the estate as you already own the house as tenants in common. The trustee does no have to be a solicitor, but I have not had to do this, so I dont know how you go about appointing one.

Apart from this, there should be no trouble about moving. As you rightly say, you will have to continue to own the home as tenants in common and if there is any money left after buying the new place it has to be split 50:50 between you.

It sounds to me as though a move would be a good idea for you
xx

Thank you that is what I thought just needed confirmation from someone who knows more than me!

 

[nitram]

73 Nitram

I meant there is no age limit, not a different one.

 

[Palerider]

Thanks for correcting me guys, I hadn't read the initial post properly -that'll teach me

 

[nitram]

Thanks for correcting me guys, I hadn't read the initial post properly -that'll teach me

Easily done, a beauty of peer support is that it sorts things out.

 

[Palerider]

Easily done, a beauty of peer support is that it sorts things out.