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Family Property

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  • xylophone
    xylophone Posts: 45,923 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    So to clarify based on the link you posted, and to use an extreme example, are you saying that for example if I have more health conditions than my wife and I think there's a higher chance I will need care home fees, I could put the house 90% to her and put it in a trust, and 10% to me and they cannot touch the 90%?  Obviously this would be risky if it went the other way around.

    I don't think you understand.

    If a married couple own a home whether as joint tenants or as tenants in common, if one of them goes into care, the value of the home is not taken into account in the means test.

    However, if one of the parties dies leaving the survivor as sole owner, if the survivor subsequently goes into care, then the whole value of the property can be taken into account for the means test.

    If the first to die had been a beneficial tenant in common and had left an interest in possession of his/her share to the spouse (with the property passing to another party if the spouse no longer lived in the property), only the spouse's own share could be taken into account in the  care home means test.


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