Mother in law going into home, her house in husband's name

iris

margaretclare wrote: »

The house will be empty so no council tax (I think).

I think councils only waive their council tax for 6 months.

sleepless_saver

In Scotland, if she's left her home to go into permanent residential care and no one else is living there I don't think there is a time limit on council tax exemption. The exemption starts 6 weeks after she goes into care (but obviously the relevant bit of the local authority needs to be told).

BUT I am not sure if this still applies if she does not own the home. You could ask the local authority or contact Shelter Scotland.

marfy

Sorry for being so late to get back, but thank you to everyone who has taken the time to reply.

Mother in law has now moved into a nursing home. The house will be put on the market before the end of the year, husband intends to put the money into an account (in his name) and leave it untouched. I guess it's just a case of wait and see what happens when her savings reach the upper threshhold.

Thanks again, your advice is very much appreciated.

Torry_Quine

Have been through the exact same situation with my FIL and also in Scotland.

When the cash gets to the level at which she becomes eligible for local authority and her finances are assessed she (your husband as POA) will be asked if she ever owned andy property. If the answer is yes then questions such as when did she get rid of the property, to whom and most importantly the reason for signing it to her son.

The local authority disregarded the property in our case. Although we weren't selling in but living in it.

Also remember in Scotland as she will be entitled to financial help, so-called 'free care', she will no longer be entitled to AA if currently getting it.

missile

iris wrote: »

I think councils only waive their council tax for 6 months.

This is from CAB website

Properties exempt from council tax

Some property is exempt from council tax altogether. It may be exempt for only a short period, for example, six months, or indefinitely.

Properties which may be exempt include:

property unoccupied because the person who lived there now lives elsewhere because they need to be cared for, for example, in hospital, in a care home or with relatives

If you think that your property should be exempt, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

Usually, the person living in a property will be the liable person, but sometimes it will be the owner of the property who will be liable to pay.

Their advice is the same for properties in Scotland and England.

kidmugsy

"As we live in the south of England we can't see a solicitor in Scotland." You don't need to: I understand there are solicitors in London who have staff qualified in Scots Law.

Farway

:j

kidmugsy wrote: »

"As we live in the south of England we can't see a solicitor in Scotland." You don't need to: I understand there are solicitors in London who have staff qualified in Scots Law.

"South of England" could be Lands End so although London lawyers may be available, just same old problem

Just saying, not deliberately picking holes, just to point out London as a far way for many as is Edinburgh

Penry

Hi, have you thought about renting out the house? The income from this could go towards care home fees and would make your mother's savings last longer?