care home fees. do i need to sell my house.

barrydh

my ex wife is in a care home after a mental breakdown. she is not expected to recover. my dilemma is this. i have a house which is joint owned by us both. im now living there on my own and want to sell it and buy something smaller. ive been told by the council that unless i live there they can force me to sell to pay for her care home which is £1000-00 per week. is this correct?

cattermole

Very sorry to hear about your wife's mental health problems.

My initial reaction to your post is that if it is a mental health problem then it is normally exempt under charging rules.

Was she detained for example?

http://www.rethink.org/living-with-mental-illness/mental-health-laws/section-117-aftercare

I would also seek advice from an organisation like Care UK
http://www.careuk.com/our-services/mental-health-services

http://www.careuk.com/choosing-funding-care/your-funding-options

cattermole

One other point even if she is exempt under charging.

1/2 the funds from the sale of the house and 1/2 value of the new house would remain hers.

If she is unable to act in regard to her own affairs and there is no Lasting Power of Attorney for Care or Finance. You will probably need to apply to the Court of Protection to act as a Deputy on her behalf. They may or may not grant this and you would have to keep her 1/2 of the money separately and keep accounts etc.

I really do think you need specialist advice.

barrydh

thank you very much. i'll try the link youve posted and will seek specialist advise. ive been online for 2 hours trying to find a solicitor that can advise but no-one seems to cover this sort of problem. thanks again. i'll post my results on here hopefully soon

cattermole

Finding a good solicitor can be difficult. Hopefully one of the organisations can give you a list.

Have you tried searching on the Law Society website?

http://www.lawsociety.org.uk/find-a-solicitor/

Good luck and yes please do feed back.