Signing house over - is this legal?

JGL

My friend, aged 68, has suffered ill-health for the last 6 years.

Four years ago, her daughter & son in law moved in with her. The idea was that they would help look after her, and inherit the house on her death.

She has now decided to put her daughter on the house deeds, so that if she goes into care, the house cannot be taken, as 1) dtr is living there, and 2) dtr will be joint owner with her.

She insists that her solicitor has looked into this & it is all legal, and cannot be considered fraudulent in any way.

Is this legal, and could her family force her into care against her will please?

bryanb

Google "Deprivation of assets"

RAS

It is legal with caveats. Try the renting selling and letting forum for advice.

Add that if DD were to divorce, the house is an asset of the marriage and it is possible that it would have to be sold to pay off the ex.

And if DD got into financial difficulties the creditors could secure their debts on the house/ possibly force a sale.

If the friend needed to move into adapted accomodation, this could be prevented because of the joint ownership.

BigAunty

The Age UK website has good information on deprivation of assets, transfer of capital (home ownership) and means tested benefits and care. It does cover joint ownership.

How does one get 'forced' into residential care?

Mr_Toad

JGL wrote: »

My friend, aged 68, has suffered ill-health for the last 6 years.

Four years ago, her daughter & son in law moved in with her. The idea was that they would help look after her, and inherit the house on her death.

She has now decided to put her daughter on the house deeds, so that if she goes into care, the house cannot be taken, as 1) dtr is living there, and 2) dtr will be joint owner with her.

She insists that her solicitor has looked into this & it is all legal, and cannot be considered fraudulent in any way.

Is this legal, and could her family force her into care against her will please?

Yes this is legal you can sign over or give your house to anyone, however, it won't prevent Social Services taking the house.

No your friend can't be forced into care against her will, she has to agree.

As Bryanb points out it is deprivation of assets.

Also beware of giving money or valuable possessions away is also deprivation, they will look at bank statements and details going back for many years if they suspect money has vanished. If the money has been given to the daughter they will hold her responsible for repaying it to be used for care fees.

People have tried all sorts of things, giving their car to family members then buying a new one to use up money, expensive, out of character holidays in a last bid to spend the money etc.

Oddly enough what is more likely to save the house being taken is the fact that they have moved in to care for her Mum. There are guidelines about taking property which you should read, if a spouse remains the property is automatically disregarded but that isn't the case here. Usually if one of the people left is over 60 or has a disability the house will usually be disregarded when assets are taken into account for fees. However if the house has been their home for several years while they cared for her that will weigh heavily in their favour and the house may also be disregarded, unless they still have their own home that they can go back to.

You need to read up on the various rules and guidelines. By the time a relative starts to need care it's already way to late to start disposing of assets.

http://www.which.co.uk/elderly-care/financing-care/gifting-assets/343063-gifting-assets-what-are-the-rules

http://www.ageuk.org.uk/home-and-care/care-homes/

Mojisola

JGL wrote: »

My friend, aged 68, has suffered ill-health for the last 6 years.

Four years ago, her daughter & son in law moved in with her. The idea was that they would help look after her, and inherit the house on her death.

The LA has the 'discretion to disregard' the house when assessing whether someone has to pay for residential care if someone who has been caring for the person is also living in the property.