Charging order on Mum in laws house we have spent money on and live in With her

Ginger52

We paid to have an extension built on my mum in-laws house two years ago so we could move in and I could care for her full time., I gave up my council property of 8 years to do this.

But now safeguarding want her to go into a home permanently.  We have £60,000 in the house, my partner, mum in laws only Son, has cancer and is 3 years off retirement

Social services are looking at getting a charging order on the property to cover care costs, but how do we get our money back.

ElephantBoy57

I assume that the property has a substantial value, being blunt, is it likely that mum inlaw will outlive the value of care home costs vs the value of the house. The property will be left to her children.

ciderboy2009

I'm assuming that the house is solely in her name.  Was any written agreement made when you paid to extend the house?

If not then you've potentially gifted her the £60k and I would suggest that you seek professional advice to see if you have any options.

Rambosmum

Yes, you need to seek legal advice. If there was nothing in writing regarding your contribution, you may find you've lost that money. 

Do you/ husband have LPA for health and welfare? If so, you can argue for her to remain at home IF you believe it to be in her best interest (not your interest). 

What is the scenario should partner die before his mother? Do you lose somewhere to live and the finances? 

Comms69

You gifted her £60k, that's all. 

Keep_pedalling

 Comms69 said:

You gifted her £60k, that's all. 

It’s not that simple. Just because OP and her partner failed to formalise the arrangement does not make this a gift, and it should be perfectly possible to rectify this retrospectively by putting their own charge on the house,  but they need to take legal advice on how to go about this. 

If not already in place Ginger and her partner also need to get wills put in place, dying intestate is a major problem for unmarried couples.

Comms69

Keep_pedalling said:

 Comms69 said:

You gifted her £60k, that's all. 

It’s not that simple. Just because OP and her partner failed to formalise the arrangement does not make this a gift, and it should be perfectly possible to rectify this retrospectively by putting their own charge on the house,  but they need to take legal advice on how to go about this. 

If not already in place Ginger and her partner also need to get wills put in place, dying intestate is a major problem for unmarried couples.

Yes we both know that, but the time to formalise it is before the council get involved. The legal fees will more than likely eat up any investment now.

greyfox

If your partner is over 60, there should be no question of a charging order being put on the property as its value should be disregarded altogether. That disregard is in legislation.
If he's under 60, it may still be disregarded as you have been his mother's carer and have no other home.  This disregard is discretionary, though.
Age UK produce a very good (and clear) guide to the residential care charges assessment.  See link below. Part 5 covers the disregards. You may find you need to quote this if Social Services try to apply a charging order.
Hope this helps. Good luck!

greyfox

Oops. Forgot the link!
https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs38_property_and_paying_for_residential_care_fcs.pdf

Keep_pedalling

Comms69 said:

Keep_pedalling said:

 Comms69 said:

You gifted her £60k, that's all. 

It’s not that simple. Just because OP and her partner failed to formalise the arrangement does not make this a gift, and it should be perfectly possible to rectify this retrospectively by putting their own charge on the house,  but they need to take legal advice on how to go about this. 

If not already in place Ginger and her partner also need to get wills put in place, dying intestate is a major problem for unmarried couples.

Yes we both know that, but the time to formalise it is before the council get involved. The legal fees will more than likely eat up any investment now.

The costs would be nowhere near £60k, we not talking about litigation, just formalising the financial arrangement, which is important not just for care costs, but if there are any other siblings it will get rather messy if their are other siblings. At a minimum they should spend a couple of hundred on initial enquiries about how to proceed. 

The OP and their partner have the proof that they paid for the extension so they have a financial interest in the property. 

Comms69

Keep_pedalling said:

Comms69 said:

Keep_pedalling said:

 Comms69 said:

You gifted her £60k, that's all. 

It’s not that simple. Just because OP and her partner failed to formalise the arrangement does not make this a gift, and it should be perfectly possible to rectify this retrospectively by putting their own charge on the house,  but they need to take legal advice on how to go about this. 

If not already in place Ginger and her partner also need to get wills put in place, dying intestate is a major problem for unmarried couples.

Yes we both know that, but the time to formalise it is before the council get involved. The legal fees will more than likely eat up any investment now.

The costs would be nowhere near £60k, we not talking about litigation, just formalising the financial arrangement, which is important not just for care costs, but if there are any other siblings it will get rather messy if their are other siblings. At a minimum they should spend a couple of hundred on initial enquiries about how to proceed. 

The OP and their partner have the proof that they paid for the extension so they have a financial interest in the property. 

The council may well fight it, it's hardly an uncommon claim when inheritances are at risk