Putting home into family trust to avoid nursing home fees

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Comments

  • I'll report back on how I get on. I'm not sure how we own the property at the moment but like McKneff I have also heard of being tenants in common and this sounds like a suitable option.

    I'm sorry if anyone thinks trying to pass my home on to my children is evading my 'dues' to the state but my mother paid taxes all her life, my father was an army officer who bought his home out of taxed income and I don't see why, when they have never taken a penny from the state except in a small state pension, all their assets should be taken away when other people who have spent all their money get the same care for nothing. It's not going to happen to me if there is any legal way to stop it.
  • pollypenny
    pollypenny Posts: 29,393 Forumite
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    Bully for your parents, OP. Do you think other people are given their houses?

    My parents bought the house in which we grew up, he was self-funding in a residential home, paying from pensions and capital.

    He didn't ask anyone else to pay for him. If I need to go into a home I won't ask anyone else to pay.

    And I don't want to pay for you.
    Member #14 of SKI-ers club

    Words, words, they're all we have to go by!.

    (Pity they are mangled by this autocorrect!)
  • pollypenny wrote: »
    Bully for your parents, OP. Do you think other people are given their houses?

    My parents bought the house in which we grew up, he was self-funding in a residential home, paying from pensions and capital.

    He didn't ask anyone else to pay for him. If I need to go into a home I won't ask anyone else to pay.

    And I don't want to pay for you.

    Do you like paying for the lazy lifestyle choice of the sort of people I had the misfortune to catch on the Jeremy Kyle show this morning?

    Personally, I find that a lot more objectionable than the state funding the nursing home fees of a war hero's widow.
  • Errata
    Errata Posts: 38,230 Forumite
    First Post Combo Breaker
    Speaking as the daughter of a war hero and the stepdaughter of another whose mother sat on the dockside in the freezing cold and rain mending anti submarine nets and whose aunt worked in a munitions factory. I know ALL of them would be humiliated expecting the state to pay for their care because their relatives wouldn't look after them, when they were perfectly able to pay for it themselves, which two of them did.
    It's called accepting responsibility.
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • Moody_Mare
    Moody_Mare Posts: 121 Forumite
    edited 21 July 2014 at 1:00AM
    his written wishes is that he would rather see his home blown up that go to keep him. I will not follow his last wish but I will try to protect it through the courts.
    Returning member as system did not know me anymore :cry:
  • Errata wrote: »
    Speaking as the daughter of a war hero and the stepdaughter of another whose mother sat on the dockside in the freezing cold and rain mending anti submarine nets and whose aunt worked in a munitions factory. I know ALL of them would be humiliated expecting the state to pay for their care because their relatives wouldn't look after them, when they were perfectly able to pay for it themselves, which two of them did.
    It's called accepting responsibility.

    No sympathy needed for me or my relatives.

    I certainly won't feel humiliated when I pass on my home to my children!
  • pollypenny wrote: »
    Bully for your parents, OP. Do you think other people are given their houses?

    My parents bought the house in which we grew up, he was self-funding in a residential home, paying from pensions and capital.

    He didn't ask anyone else to pay for him. If I need to go into a home I won't ask anyone else to pay.

    And I don't want to pay for you.

    But you're happy to pay for people who choose not to work and to take from the state without paying anything in?
  • IanManc
    IanManc Posts: 2,079 Forumite
    First Anniversary First Post Combo Breaker Name Dropper
    edited 16 December 2011 at 12:14AM
    I'm not sure how we own the property at the moment but like McKneff I have also heard of being tenants in common and this sounds like a suitable option.

    No it isn't. It's a legal minefield.

    If half the house is owned by the children then that half is part of their assets. The house could be subject to a forced sale if one became bankrupt, and it counts towards their assets if one divorces. If they don't live there then the children pay capital gains tax on their share when the house is eventually sold. If the spouse who still owns half goes into a home and the house isn't sold at that point then the council simply place a legal charge on the property for the care fees they've paid, and recover the money from the proceeds of sale when the house is eventually sold. Meanwhile the children have to maintain an empty house ....... or if one of them lives in it then they either have to pay rent to the parent in the care home who who owns half the house, which the council will use to pay the care fees, or the council will simply assume that rent is being paid and stop paying a portion of the fees to the home that is equal to the "notional" rent and if you don't like it they'll let you take them to court - where they'd probably win.

    And those are just the obvious pitfalls .......

    Ther really isn't an effective way of the last remaining spouse avoiding the sale of the home to pay care fees. If there was an effective method then the government would legislate to stop it - but they haven't done because a foolproof method doesn't exist.

    Apart from that, less than one in ten homeowners end up in care homes anyway, so it is daft to deprive yourself of ownership of your home when there's at least a 90% chance you'll live in it until you die.
  • I'm sorry if anyone thinks trying to pass my home on to my children is evading my 'dues' to the state but my mother paid taxes all her life, my father was an army officer who bought his home out of taxed income and I don't see why, when they have never taken a penny from the state except in a small state pension, all their assets should be taken away when other people who have spent all their money get the same care for nothing. It's not going to happen to me if there is any legal way to stop it.

    No Family Allowance, no state pension, no Attendance Allowance?

    Pretty unusual, I think.
  • corbyboy
    corbyboy Posts: 1,169 Forumite
    First Anniversary
    No Family Allowance, no state pension, no Attendance Allowance?

    Pretty unusual, I think.

    Or NHS, or free bus pass or education.....

    Paying taxes isn't about getting the money returned to you in cash. It's about using the services that taxes pay for.
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