Lose house when taken into care?

lisyloo

1404 said:

lisyloo said:

1404 said:

Well, it sounds like the estranged wife is staying put in the family home. 

why do you say that?
Does he have enough other assets?

I say that because of what people say above on this thread. That they won't kick her out.

His other assets are the two rentals and his pensions, but I imagine the estranged wife has dibs on those. I have not known her to work throughout the marriage, but I may be wrong on that. She has brought up two kids. 

They won't kick her out for a while (they'll be getting the pensions), but if a huge debt builds up then they can get a court order from a judge to force a sale.

She might be better off getting some advice as to whether she is better off getting a divorce settlement.
she will be entitled to 50% of the marital assets in a divorce, but if they are his during the marriage they might be used to pay for his care so the marital assets reduce.
Is he compos mentis?
If not does anyone have power of attorney for financial affairs?

1404

lisyloo said:

1404 said:

lisyloo said:

1404 said:

Well, it sounds like the estranged wife is staying put in the family home. 

why do you say that?
Does he have enough other assets?

I say that because of what people say above on this thread. That they won't kick her out.

His other assets are the two rentals and his pensions, but I imagine the estranged wife has dibs on those. I have not known her to work throughout the marriage, but I may be wrong on that. She has brought up two kids. 

They won't kick her out for a while (they'll be getting the pensions), but if a huge debt builds up then they can get a court order from a judge to force a sale.

She might be better off getting some advice as to whether she is better off getting a divorce settlement.
she will be entitled to 50% of the marital assets in a divorce, but if they are his during the marriage they might be used to pay for his care so the marital assets reduce.
Is he compos mentis?
If not does anyone have power of attorney for financial affairs?

I don't think he is entirely compos mentis. I'm unsure at the moment how bad he is. But definitely not the same as he was. 

lisyloo

If he is lucid on some days the a power of attorney will be a good idea.
if he’s past that point then going to the court of protection is arduous slow and costly.

swingaloo

Why do you call it 'the family home'?. If they have been married for over 20 years then it is her home even though they were estranged.

1404

swingaloo said:

Why do you call it 'the family home'?. If they have been married for over 20 years then it is her home even though they were estranged.

To differentiate it from the two rental houses.  

Savvy_Sue

If the care home fees can be paid from pensions, rental income etc then there will be no need to sell anything. But one way or another, unless he gets CHC funding, the care home fees will need to be paid.

1404

Savvy_Sue said:

If the care home fees can be paid from pensions, rental income etc then there will be no need to sell anything. But one way or another, unless he gets CHC funding, the care home fees will need to be paid.

Amazing, isn't it, that people who've barely worked a day in their lives will get the same care for free at the end of their lives.

comeandgo

1404 said:

Savvy_Sue said:

If the care home fees can be paid from pensions, rental income etc then there will be no need to sell anything. But one way or another, unless he gets CHC funding, the care home fees will need to be paid.

Amazing, isn't it, that people who've barely worked a day in their lives will get the same care for free at the end of their lives.

That’s certainly not true where I am.  Those that can pay have choice.

1404

comeandgo said:

1404 said:

Savvy_Sue said:

If the care home fees can be paid from pensions, rental income etc then there will be no need to sell anything. But one way or another, unless he gets CHC funding, the care home fees will need to be paid.

Amazing, isn't it, that people who've barely worked a day in their lives will get the same care for free at the end of their lives.

That’s certainly not true where I am.  Those that can pay have choice.

Of course its true. Someone who's been on benefits their whole life (be it through choice or not) will get the same care for free at the end of their life as someone who's worked and gets stripped of their assets to pay for it. 

lisyloo

1404 said:

Savvy_Sue said:

If the care home fees can be paid from pensions, rental income etc then there will be no need to sell anything. But one way or another, unless he gets CHC funding, the care home fees will need to be paid.

Amazing, isn't it, that people who've barely worked a day in their lives will get the same care for free at the end of their lives.

Absolutely not.
I've checked about 20 homes in the Bristol/Bath area and my sister-in-law swore that her mother was going into some "over her dead body". Those were the ones where people were shivering without a blanket whilst the staff were chatting on their breaks, dirty toilets, stench of urine, dressings hanging off.

They also wanted to put FIL 15 miles from MIL for financial reasons after 60 years of marriage when a place was available together. We fought and won but I wouldn't want to be someone without strong advocates fighting for me.

I accept it's different in different areas/homes but you are wrong about "will get the same".