transfer of deeds

lozyeates

Hi, was hoping to get some guidance - my Mum may need long term care and owns her own home outright. The thing is my sister still lives at home with her 2 children who are 7 and 4. If Mum had to go into care would we be forced to sell her house even though it's my sister's and her children's home as well. My sister has lived there all her life. Would it be best to transfer the deeds to my sisters name, or even my name to ensure she doesn't become homeless if Mum does need to go into care. Have tried to find this info on the internet but it's a bit of a nightmare!!! Anyone help in just plain English please????

Thanks

Mojisola

This is quite clear - https://www.ageuk.org.uk/Documents/EN-GB/FS40_deprivation_of_assets_in_the_means_test_for_care_home_provision_fcs.pdf

G_M

Mojisola wrote: »

This is quite clear - www.ageuk.org.uk/Documents/EN-GB/FS40_deprivation_of_assets_in_the_means_test_for_care_home_provision_fcs.pdf

Yes...... and no!

The AgeUK explanation is a good one for deprivation of capital but does NOT address the issue of a second 'resident' in the property, in this case the sister (unless I scim-read too fast and missed it!)

It's a complex question. ThisisMoney states:

"The local authority can't make him (husband) sell the house or put a charge against it to cover his bills as long as you're (wife) living there. This would apply if you were a civil partner, too, or a relative aged over 60, or incapacitated. "

I bleive in this case, where the sister has lived there all her life, this may also apply, but you need specialist advice.

Another option is a trust. Again, there are pros/cons, and specialist advice is needed.

Mojisola

Everything I've seen says that the house is disregarded only if the spouse/civil partner is still living there, or a relative over 60, someone with disabilities or someone who is financially dependent on the person receiving care.

If lozyeates' sister could demonstrate that she was financially dependent on the mother, she may have an argument to stay there. If she's never paid towards the household, perhaps that would be an argument worth trying.

lozyeates

Thanks for the feedback....my sister is 37 and is in full time work. Over the years she has paid for numerous improvements to the house such as new bathroom to accommodate mum. She has had a shower room installed downstairs as mum can't really get upstairs now. Would the fact that she has lived there all her life hold any weight. She also has 2 children 4 & 7, would this not be taken into account? I'll have a further read of the link you've given as I've only skimmed it....thanks for the pointers.

Jaynne

I believe you can transfer ownership into a trust to avoid this sort of problem or split the propertydw so your mother owns only half (or presumably some other percentage).

You can't sell half a house so it becomes protected.

There's probably a better explanation of the process out there and it does cost a few thousand in fees but speak to an estate planner about it.