Self funding and my parents house

Discussion in 'Legal and financial issues' started by BlueyM, Jul 16, 2019.

  1. BlueyM

    BlueyM New member

    May 19, 2019
    3
    hi,
    My mum is at the state of needing to go in a care home and we know that they will self fund until her savings are down to the limit set by SS.

    My parents own their house and social worker has said the house will be disregarded as my dad will still be living in it........however one of my uncles insists that a charge will be put on it to pay back SS when my parents are no longer with us.

    I understand that if dad dies first then the house would go to mum and be sold etc etc but if mum dies first do we still have to pay back SS for any funding they make once her savings have run out

    . Any advice would be gratefully received.
    Thank you
     
  2. canary

    canary Registered User

    Feb 25, 2014
    9,878
    Female
    South coast
    Assuming that you live in UK, the house will be entirely disregarded all the while your dad is living in it. It is not true that SS will set a charge on it which would have to be paid back later.

    Obviously if your dad passes away before your mum then as he is no longer living in the house it will have to be sold, as you realise, but that will only start as from the date he passes away, anything before that will be disregarded.
     
  3. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    4,739
    Salford
    Your uncle is talking out of his ...bum...the house is mandatory disregaded and no changes can be placed on it at all, full stop, for as long as your mum lives there.
    K
     
  4. nitram

    nitram Registered User

    Apr 6, 2011
    18,829
    Male
    North Manchester
    Agree with above, uncle is giving incorrect advice.

    There is however something else to consider.
    You don't say how your parents jointly own the house.
    If it is owned as joint tenants it is worth considering your dad changing this to tenants in common.
    He can do this by simply serving a notice on your mum
    https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common


    If he does this he can leave his half share to somebody A N Other than your mum meaning that if he predeceases your mum only your mum's half share becomes available for her care.
     
  5. BlueyM

    BlueyM New member

    May 19, 2019
    3
    Thank you very much for your replies, that has put my mind at rest.
     
  6. Banjomansmate

    Banjomansmate Registered User

    Jan 13, 2019
    975
    Female
    Dorset
    Twenty years ago after my husband had been diagnosed with diabetes and depression I arranged for our house ownership to be changed to tenants in common and my will left my estate to be shared equally between my children, with my husband having the right to live in the house until he died. My husband still left his estate to come to me so when he died 18 years ago the house became mine. Now I just hope I never need residential care or the whole property could go!
     

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