Selling house to pay for care?

SHIRAZ

Hi there, sorry if this is in the wrong place but wasn't sure where to best

Thank you

kidmugsy

SHIRAZ wrote: »

for the last 4 years myself, my partner and our 3 children have lived with my mother in law (we sold our house to move in with her to help care for her after a stroke)
.... make her sell the house to pay for further care, can they do this? thus making us homeless with 2 dependent children?

I don't know. But you presumably have some capital from the sale of your own house, so why not buy Ma's?

McKneff

Could you still buy it though.


Could you rent it and put the rent money towards mum's care.
She will presumably be entitled to benefits of some kind....

Mojisola

https://www.careinfoscotland.co.uk/how-do-i-pay-for-care/paying-care-home-fees/property-disregard.aspx

From the above it looks as if the house would be included in the financial assessment.

Mojisola

http://scotland.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/paying_for_care_and_support/paying_for_a_care_home#5

This suggests a possible way out -
The council can also choose not to take into account the value of your home if your carer still lives there, and has given up their own home to look after you.

Contact Shelter and get advice from them.

Pixie5740

Since your MIL is a homeowner the council will consider the value of the property when carrying out its financial assessment, unless she is moving into a care home for a short time, or any of the following people still live in her home:

• her husband or wife, civil partner or cohabiting partner
• a relative who is over 60
• a relative under 16 that she supports
• a relative who is incapacitated or disabled
• a divorced or estranged partner, who is a lone parent with a dependent child.

The council can also choose not to take into account the value of your home if your carer still lives there, and has given up their own home to look after you.

If your MIL can't afford to pay her hotel costs out of her income and/or savings, she may have to sell your home in order to meet the costs.

SandC

Age UK might be useful for you. From their document regarding the means testing for the treatment of property it says:

The value of your former home will be disregarded (ignored) if it is occupied by:
your partner (husband, wife, civil partner or someone you live with as though you are married or civil partners); or

a relative who is 60 years old or over, or a younger relative who is ‘incapacitated’; or

a former partner who is divorced or estranged from you but who is a lone parent; or

a child under 18 years who you are liable to maintain.

So it depends if you come under any of the above.

Have a look on their website: http://www.ageuk.org.uk/home-and-care/care-homes/the-means-test-and-your-property/

anamenottaken

You could try asking on the Over 50s board ( http://forums.moneysavingexpert.com/forumdisplay.php?f=26 ). There's a thread there about Continuing Care.

Given your relationship (daughter and son-in-law), length of residency (several years), and financial input (adaptions - can you show evidence), I do not believe they could force your MIL to sell. In fact, even if you weren't living there, I believe that your MIL could not be forced to sell during her lifetime.

You perhaps should consider building up reserves and working out any need to obtain a mortgage on the property in due course in order to purchase the house at then market value.

[I haven't read the detail of all the posts above this one which were submitted while I was originally writing this one. - Perhaps only my third paragraph needs thinking about.]

TBagpuss

I don't think there is any automatic protection against the house being sold, as there is where the person still living in he house is a spouse or a dependent child.

however, you may be able to discuss with the relevant local authority what their policy is. I know that when my grandmother had to go into a care home following a stroke, the council agreed not to seek to force a sale as the house was needed to allow family to stay there when visiting her, as no one lived close. They had a charge over the house which was paid off when she died and the house was sold.

If you and you partner invested money into the house then you may also have a legal claim to an interest in the property, which might entitle you to claim back the amount you invested, and might all make a difference to whether and in what circumstances a sale can be forced.

You may find i helpful to speak to a solicitor who is a member of STEP and familiar with care home fees cases. Look for someone local, as different local authorities may have different policies, or interpret the rules in different ways.

SHIRAZ

Some great information for me to read over, thanks folks

Mojisola

SHIRAZ wrote: »

we sold our house to move in with her to help care for her after a stroke

SHIRAZ wrote: »

spent what little we made adapting my mother in laws house to suit her needs.

When you talk to Shelter and Social Services, emphasis these two points.