Care home fees and joint tenants

shazdep

I own a house with my father and mother and I have done for the last 20 years, I am 45, this is also my only home, my father has recently had to go into care (Alzheimer’s) we cared at home for him for 5 years until mum became terminal with cancer, I had to make a decision, so dad went into care and I’m nursing mum at home who apparently only has a few short months to live. The council have told me in no uncertain terms that I will have to sell the house (mums will is made out so that her estate will go to me) to liberate dads third to pay for his care. They’ve said I won’t qualify for the discretionary disregard.  My question is is there anyway I can keep the house? It’s my family home so all my memories are here and also the last thing I’m going to want to do is to have to buy and sell a house after having just buried my mum! 

I’ve been told by one legal rep that they won’t be able to find a buyer for a third of a house and another has said there are companies that will buy percentages of houses for the council etc! 

Any help would be appreciated as my anxiety is through the roof at the moment!

Flugelhorn

are you joint tenants or tenants in common?

Keep_pedalling

Sorry you find yourself in such a horrible position. While your mother is alive the house will be disregarded so there is no immediate threat to your home. If your mother dies before your father then a new financial assesment will need to be carried out then.

When the time comes would you be in a position to buy out your father’s 1/3rd share? 

p00hsticks

OP, I'm so sorry you find yourself in this situation 

Flugelhorn said:

are you joint tenants or tenants in common?

I was also going to ask this question. I think you can find out by the wording on the Land Registry title.
If you are joint tenants, as your thread title suggests, then my understanding is that it would be beneficial to turn it into 'tenants in common' - I think this is usually a simple process, although I'm not sure how your fathers lack of capacity would complicate or prevent it. 

If owned as joint tenants, then regardless of what your mother has put in her will, if she dies first then the house will  automatically be owned jointly by you and your father, meaning that potentially half could be considered as your fathers by the council.

However, as tenants in common, where you each own a separate third of the property, then on your mothers death her third would pass to you as per her will, meaning that you would own two thirds and your father the remaining third. 

Please get proper advice on the above though, as I'm not an expert.  

Do you have an idea of the value of the house ?
Would you be able to raise a mortgage to buy your father out of his third share ?  

Savvy_Sue

What a ghastly situation! 

Have you found the resources at https://www.alzheimers.org.uk/ - in the Get Support section there are various useful looking guides, and their advice line. Please talk to them, because you really need someone in your corner. 

One question is whether Dad, Mum and you are getting all the benefits you are each entitled to: I thinking that if you are not working (or earning very little) then you should be able to claim Carers Allowance, and both Mum and Dad should be entitled to Attendance Allowance, and then there's Pension Credit. 

And there are situations where dementia care should be funded by Continuing Health Care - it can be a struggle to get it, but it's definitely worth looking into. 

Flugelhorn

p00hsticks said:

OP, I'm so sorry you find yourself in this situation 

Flugelhorn said:

are you joint tenants or tenants in common?

I was also going to ask this question. I think you can find out by the wording on the Land Registry title.
If you are joint tenants, as your thread title suggests, then my understanding is that it would be beneficial to turn it into 'tenants in common' - I think this is usually a simple process, although I'm not sure how your fathers lack of capacity would complicate or prevent it. 

I think (but not absolutely sure ) that any one of the parties of a joint tenancies can sever it and just inform the others that it is now TiC 

PS just checked - there is a process if the others don't agree (not sure what it is if they can't agree but probably effectively the same) https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common

Keep_pedalling

Flugelhorn said:

p00hsticks said:

OP, I'm so sorry you find yourself in this situation 

Flugelhorn said:

are you joint tenants or tenants in common?

I was also going to ask this question. I think you can find out by the wording on the Land Registry title.
If you are joint tenants, as your thread title suggests, then my understanding is that it would be beneficial to turn it into 'tenants in common' - I think this is usually a simple process, although I'm not sure how your fathers lack of capacity would complicate or prevent it. 

I think (but not absolutely sure ) that any one of the parties of a joint tenancies can sever it and just inform the others that it is now TiC 

PS just checked - there is a process if the others don't agree (not sure what it is if they can't agree but probably effectively the same) https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common

Yes, it only takes one owner to sever a tenancy. 

elsien

Is there any other money in your mum‘s estate that would allow you to buy your dad out?
What is the value of the property and how big a mortgage might you need for 1/3 of it.

You can explore continuing healthcare but realistically unless your dad needs a particularly complex full health funding is unlikely. A dementia diagnosis in an up itself doesn’t qualify, and it is also a bit of a postcode lottery. 

Olinda99

notify the land registry asap the joint tenancy is severed

then only your father's 1/3 share can be set against care fees

MCT56

Jointly owned property

I have copied the following information (in brackets) from a trusted specialist website.  The word "Your" refers to the person who requires to be in care home.

_________________________________________________________________________________________________________

("Your" share will be counted as part of "your"capital. Each owner is treated as having an equal share unless otherwise shown. "Your" share is valued on its own. The value could be low or even nothing).

Local councils must assess you as owning only of the value of "your" share. The only realistic market for a share in a jointly owned property would be amongst the other owner or owners. If the other owner or owners are unwilling to buy "your" share, or unwilling to sell the whole property, "your" share could be worth little or nothing).

__________________________________________________________________________________________________________

Based on the above and if not already done I suggest you put the circumstances / facts to the council in writing and ask that they reply in a like manner.

Tell them this is your main and only home which you have lived in for the past 20 years and that you would effectively be made homeless if the Council forced a sale. They will require proof of title / shares.

Point out that your dad's share of the house is according to your research of no value on the open market if the other owners are unwilling to sell and therefore the property should be disregarded. 

Challenge the Council in a diplomatic way and hope that they change their stance. If they don't budge there are other avenues you may wish to seek help from.

It would be important to have a written response from the Council which you can show to any other legal bodies you may want to consult.