Can we be forced to sell Mum's house?

Discussion in 'ARCHIVE FORUM: Support discussions' started by Rob Martin, Apr 19, 2005.

  1. Rob Martin

    Rob Martin Registered User

    Apr 18, 2005
    3
    Plymouth
    I hope someone can give me some info on this.
    Sadly we've taken the decision that my Mum will have to go into care as her partner can't cope any more. I read on this site and have been advised by a solicitor that as long as Mum's partner is still living in the house, then it can't be classed as an asset and sold to pay for her care. However he has been told by the social worker that as soon as Mum is in care the house will have to be put on the market and he will have 3 months to move out. Surely this can't be right. The solicitor I spoke to said that it is part of a law called the Crag Rules ( paragraph 7, she thought) This must be something that happens fairly often so surely the social worker should know. Hopefully some on e can help us.

    Ultimately Mum's partner has said that he will want to move out and begin again and in that case I understand that the house will have to be sold. When that happens I would like to buy the house; it seem so much a part of Mum that I would hate to lose it. Mum's partner, my sister and I have EPA over Mum's affairs. Would this be a hindrance to me buying the property?

    Many thanks,

    Rob
     
  2. Rob Martin

    Rob Martin Registered User

    Apr 18, 2005
    3
    Plymouth
    Hi Nada

    Thanks for the help. My main concern (apart from my Mum) is that her partner has somewhere to live. He's not in a situation where he can afford to buy another place for a while (the house is my Mum's and he doesn't want any part of it even though he's lived there for many years) so I'm concerned that he is being forced out of Mum's house by social workers who should know better. I'm not suggesting that there is any foul play going on as Mum's social worker has been very good to Andrew, but it seems strange to me that they don't seem to know all the facts.

    Thanks,

    Rob
     
  3. Sheila

    Sheila Registered User

    Oct 23, 2003
    2,259
    West Sussex
    Dear Rob, having read your mail and Nada's detailed reply. I think you would be wise like she says, to speak to the help desk as soon as you can. The fact sheet she quoted did mention partner, and you yourself say he has lived there for years. Think you need expert help on this one to make sure they don't take anything they are not legally entitled to. Please check it out and let us know how you get on. Love She. XX
     
  4. connie

    connie Registered User

    Mar 7, 2004
    9,519
    Frinton-on-Sea
    Dear Rob, don't do anything in haste. We always think that time is of an essence, but take a step back and gather as much info as you can. Unfortunately Social Workers don't always have all the info at their fingertips. Speak from experience, although in our case dear Lionel lives with me (rent book and all). Take care, regards, Connie
     
  5. Rob Martin

    Rob Martin Registered User

    Apr 18, 2005
    3
    Plymouth
    Thanks all for your help,

    I called the Alzheimers helpline and they were very knowledgeable. They confirmed what I'd been told by others. It seems regardless of what a social worker might say, if Mum's partner is still living in the house it can't be classed as capital.

    I also found out that we signed EPA jointly and severaly, which means there shouldn't be any problem if I were to buy the house.

    We've got a great place nearby where Mum has been going to day care for a year, and she's very happy there. We are just waiting for a residential place there to come up.

    Many thanks,

    Rob
     

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