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Selling house with spouse in care

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  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    >No. The house isn't counted in the assessment if the spouse (whatever their age) will still be living there.

    I must say I was under the impression from online research that the over 60 test was the key.
    (everything on the internet is true after all...)

    The over 60 rule applies to relatives other than a spouse.

    The value of the house is also ignored if a child (of the person needing care) aged under 18 will be living there or if a disabled person lives there.
  • It's an LPA, I just wondering if I could use that as acting as an investment for him etc
    when it's actually really to help his wife move (for family support).
    It just feels a little wobbly as reasons go..
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    He currently has an “investment” in the marital home.
    Simply moving the investment to another location is neutral.
    What you are proposing is perfectly reasonable and I don’t think will be called into question although I would be upfront with the LA to cover my back.

    My interpretation of the example specifally “part” is that the remainder could be assessed. More easily explained with an example.

    Suppose current property is £200k split 50/50.
    If the new property is say £150 the I would expect £100k form wife, £50k as Max’s share and hence £50k spare for care fees (minus any threshold taking into account other savings).

    I don’t know that for a fact but that’s my interpretation of Max making “part” of his share available.
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    May I ask how advanced his condition is? (My MIL has been in a care home 20 months).

    Average stay is 26 months although there is a range.

    I don’t wish to speak out of Turn but I’m just wondering if she might wish to stay close to him in the short term?
  • It's quite advanced, but she'd still be close enough for frequent visits.
    He won't be abandoned, far from it.
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