My house, will this count to husbands care home costs?

2ndmac

After many years struggling as a single mum, I worked very hard to buy a home and save into a pension which I fully expected to leave to my children. I have since re-married and as I approach retirement and old age, I now wonder what my position would be re any care home fees if my husband needed to go into care? He is not on my house deeds, and my pension was solely generated before our marriage.  Not that I’d not want him to be well cared for (obviously) but I’d want this to be my choice and paid for via my savings. But would I be legally obliged because I own my home and have a healthy-ish pension pot?  My husband has no property, pension or savings and has never worked since our marriage. 

Brie

No - your home doesn't count towards any calculations.  It doesn't matter if it's just in your name or was in both as the local authority can't make you homeless.  It would work the same if you had to go into care and your husband continued to reside at home.  

Presumably your husband may qualify for state pension at some point?  And income he has would be taken into account.  I can't recall if your income would be considered at all.  I know that my income wasn't considered nor my OH's when my MiL who lived with us had to go into care but it may be different for spouse/partners.

Mojisola

AgeUK has lots of useful info on this subject -

www.ageuk.org.uk/information-advice/care/paying-for-care/

Marmaduke123

Only your husband's own income and/or savings would be taken into account if he had to go into a care home while you were still living, or after your death. If you intend to leave your property to your children rather than your husband make sure your will is properly written in case you pre decease him.

Mojisola

Have you also made a will since the marriage?

If you haven't, your husband will inherit all of your personal possessions and the first £270,000 of your estate and half of anything above that figure.

It's considered normal that a spouse will provide for the surviving spouse so, if you want your children to inherit more from you, you will probably need to leave any property (don't name the exact property) to your children while giving him a life interest. 

Keep_pedalling

Even if he owned it outright it would still be disregarded if he went in to residential care while you still lived there. The same applies to you, if you needed residential care your home would be disregarded as your spouse was still living there, and that might be a problem for you (it would be for me) if that meant you could not self fund and we’re reliant on the LA to fund your care.

Do you have a will and lasting powers of attorney in place? If not that should be your top priority.

GrubbyGirl_2

They will not take the house into account as you're living in it.  They will look at savings though and will take 50% into account and they will also take any private pension into account.  If he goes into residential care they will take most of his state pension just leaving a small amount (about £25 per week) to buy personal items.  

With his income going that may have an impact on you and may mean you qualify for additional benefits.  Age UK are very good at helping you sort these things out

Sarahwithlove

They only take into consideration anything with his name on. This includes 50% of any joint savings 

Lloyd90

Brie said:

No - your home doesn't count towards any calculations.  It doesn't matter if it's just in your name or was in both as the local authority can't make you homeless.  It would work the same if you had to go into care and your husband continued to reside at home.  

Presumably your husband may qualify for state pension at some point?  And income he has would be taken into account.  I can't recall if your income would be considered at all.  I know that my income wasn't considered nor my OH's when my MiL who lived with us had to go into care but it may be different for spouse/partners.

Be very careful as if the OP dies first then the husband would inherit the house, if he then goes into a care home the home absolutely would be included in calculations. They aren't making you homeless if you go into a care home as the care home then counts as your 'home' and the property classed as an asset. 

Also there would be an issue if you both went into a care home whilst both still alive, again that would mean no spouse living in the home meant its purely an asset and would be included in calculating what you have to self fund.