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Mother worried about her house.

Discussion in 'Legal and financial issues' started by Knockster, Feb 16, 2015.

  1. Knockster

    Knockster Registered User

    Feb 16, 2015

    First post here, but all looks incredibly friendly and informative.

    Really just after some confirmation that my understanding of my parents situation is correct as my mother is worried.

    Both my mother and father jointly own their home. It looks increasing likely that my father will shortly be going into care that will be self-funded. My understanding is their house will not be taken into consideration when working out his capital, as my mother will continue to live there?

    She has been 'told' that she will have to sell the house to pay for the care once his savings run out and if he dies in care before her? Now I don't believe this is correct. I think if she were to sell the house and move into a smaller property whilst he is still in care then his half would be taken into consideration, also if my mother died whilst he is still in care, then, again this would then be used to consider his capital. But if his savings run out and all the while she is alive and living in their home, then their home cannot be touched or used to pay for his care?

    Sorry for the long post, but its a minefield out there and I just want to put her mind at rest.


  2. jaymor

    jaymor Volunteer Moderator

    Jul 14, 2006
    Hello and welcome to the forum.

    You are correct, as long as your Mother needs to live in the house then it has nothing to do with your Father's assets.
  3. BeckyJan

    BeckyJan Registered User

    Nov 28, 2005
    Do you know if they are 'tenants in common' as this has a bearing on the ownership of the property?

    Before my husband went into care I/we changed our ownership so that my half was my half and his was his, No one could claim on my half and they could not claim on his whilst I lived here. I did consider downsizing but half the property value would not have bought me the property I wanted so I remained in a large house!!!

    It may be wise to see a solicitor quickly to change to 'tenants in common' if that is not the case now.
  4. Knockster

    Knockster Registered User

    Feb 16, 2015
    Thanks for the responses.

    I do believe they did get a 'trust' set up, but not sure about 'tenants in common'.
  5. Saffie

    Saffie Registered User

    Mar 26, 2011
    Near Southampton
    Even a joint ownership allows the home to be disregarded where LA assessment is concerned. The Tenants in Common will help if your mother should pass away whilst your father remains alive.
    If the half owned by your mother is bequeathed to someone else then, if they refuse to sell despite the LA suggestion to do just that, the house is likely to be ignored as noone is likely to want to buy half a house.Even if it is sold, only half the proceeds will be included as your father's capital rather than the whole as would happen with a joint ownership.
    I'm not sure if that reads as clearly as I meant it to!
  6. sue38

    sue38 Registered User

    Mar 6, 2007
    Wigan, Lancs
    As Saffie says, whether your parents own the property as joint tenants or tenants in common is immaterial when it comes to assessing your dad's assets, as long as your mum is alive and lives in the property. Even if the property was in your dad's sole name it would not be taken into account when assessing his capital, as long as your mum lives there.

    Do have a look at the AS factsheet on Paying for care. If you scroll down to the section on Property and the financial assessment for care home fees this answers your question.

    Your mum may wish to consider leaving her share to someone other than your dad should she predecease him, in which case they would need to change the ownership to tenants in common.

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