Mum’s interest house in Dad’s name

Discussion in 'Legal and financial issues' started by Stoic, Feb 10, 2019.

  1. Stoic

    Stoic New member

    Feb 10, 2019
    3
    I have only just found out that the house is in my Dad’s sole name. If he has to go into care will the local authority expect his care to be funded by 100% of the house value which would leave my mother with nothing to look after her future interests? She may need her half to pay for her own care for example.

    My mother has a LPA which has not been triggered but could be. Could she activate the LPA and put the house in joint names to protect her interest. If she were to get divorced tomorrow she would get half the value of the home so there is no question that after 60 years of marriage she has a 50% benificial interest in the property even though it is in my fathers sole name. They bought it together in 1966.
     
  2. Beate

    Beate Registered User

    May 21, 2014
    11,129
    Female
    London
    She doesn't need to do anything. As long as she lives in the house, the property is a mandatory disregard, so there is nothing to worry about here. It's good that she has LPA but please tell her not to put anything in her name as that would be classed as deprivation of assets. If she were to need care as well then the house, which is 100% not in her name, cannot be used to fund her care, although if she were to move into a care home as well, the property would then be financially assessed for your Dad's care.
     
  3. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,371
    @Beate - I wouldn't be so certain that the mother wouldn't have a claim on some part of the value of the house. She may well be considered to have a beneficial interest in it.
     
  4. Normaleila

    Normaleila Registered User

    Jun 4, 2016
    573
    She might have a claim to 50% but I don't think she can use LPA to change the legal ownership to 'joint'.
     
  5. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,371
    Oh absolutely - that would be completely inappropriate. I think the only way that could happen is if the attorney applied to the cop for a judgement. And as I say, I’m not sure that would even be necessary, because i think she already has a beneficial interest and funding guidance takes such a possibility into account.
     
  6. Stoic

    Stoic New member

    Feb 10, 2019
    3
    Just to clarify, are you saying that whilst my mother lives in the house it is disregarded as an asset and that no charges accrue against the house. What happens if she moves out does the local authority then seek to re-claim back charges against this property.

    The way I see it my mother has a beneficial interest in half the house and she may need that money for her own care at some future point. I find it hard to believe that using the LPA to put the house in joint names is a deprivation of assets as the half transferred was not really his in the first place(only on paper).
     
  7. Beate

    Beate Registered User

    May 21, 2014
    11,129
    Female
    London
    Yes, that's what I'm saying, and to my knowledge no back charges would be asked for if she moved out, only charges from that point.

    There are people who know more about beneficial interests than I but what I would say is that if your mother needed care herself and had less than £23,250 as assets, she would be funded by the local authority. She wouldn't not be able to get care.
     
  8. Stoic

    Stoic New member

    Feb 10, 2019
    3
    Ok Thanks.
     

Share This Page

  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.