Care home

[Lozstr]

My mother going into a care home. I have the deeds in my name for 16 years and she has life rent. Can the Council take half share of house to use as funds?

[stone-UK]

Hi

If the property is your name, and the transfer was not done with the intention of avoiding care home cost, which you could not have none 16 years ago. Then I don't see our they would have a claim I would certainly seek legal advice to have the position clarified.

If your mother has had a long term illness prior to the transfer which would have concluded in the possibility of needed a care home. They may make a legal challenge to put a charge on the property.

Again you need the position clarifying.

[Hidden]

It depends whether the Council can successfully argue that she transferred the house into your name in order to avoid paying her own care home fees. Points they'll take into consideration include, whether the property was transferred to you for just a nominal sum, and whether your mother pays a market rent or a reduced one. You might be able to get advice from an organisation like Saga or AgeUK. They have lots of downloadable leaflets and a telephone helpline.

[newlands]

This is a very difficult situation I agree with stone yo7 need legal help

My grand parents had a lovely farmhouse in Aberdeenshire in the 1940s both passed away and it was left to their unmarried son and daughter they put my name on the property ,both finished up in a care home in 1965 and the property had to be sold

I think the law has changed in Scotland now , maybe english law is different

My elder brother had a stroke also he had to go in a care home at a cost of £900 a week this was 12 year ago he had never married so again the house was sold but we all thought he was well looked after and never begrudged it

May I just say I have been Told if I need a care home it will be a nursing home and half the fees will be paid for me so that's worth looking into ,

I hope my property doesn't have to be sold that me and my husband worked hard for

You take care

Dorothy

[knitter]

Are you living in the house with your mother, Lozstr, that changes the situation.

[Bevvy]

The general rule of thumb is that after 7years after the transfer the council won't go for the house.

Having said that could depend on what paperwork you completed at the time.

Agree with others seek advice but I am doubtful the house will be taken into consideration.

[Hidden in reply to Bevvy]

Have coincidently just been reading an email flyer from some solicitors who specialise in this area. The 7 years rule is for inheritance tax only and has no bearing on care fees. They say that potentially they could go back 20 or more years and that it is the intent of the transfer that counts. if the transfer was done to avoid care fees that could be anticipated (existing medical condition etc.) then it could be construed as deliberate deprivation of assets.

Every case is different. Get proper advice.

[katieoxo60]

Hi there, the rules are so complex what applied when you made the agreement with your mum has vastly changed. However they are not allowed to make you homeless. You definately need legal advice, do you have a local law center, or Age UK office, as they can advise on best and possibly cheapest option to get advice relevant to your circumstances. Good Luck

[Kristen48]

If you have owned the property for 16 years you should be okay as the rule of thumb is at least 10 years to avoid the local authority claiming 'deprivation of assets' Age UK have a useful free fact sheet on deprivation of assets.

[tannie]

I had a friend who's wife went into care home, several years before the house was changed to his name, This did not stop it having to be sold to pay for fees as the council looked at the deeds when first bought and this is what they went by

[Lozstr]

Thanks all. The deeds in my name and my mum was healthy when this was done. It's the life rent part I'm worried about. That they could take half property as a share.

[Lowriekat]

Isn't it awful how if you have always worked & got a property they still want everything off you, they don't give old people £900 to live in there own home, yet anyone who hasn't worked seem to be given everything it is not fair, I hope you get it sorted Lozstr