Please may someone point me in the right direction for this query? Re elderly mum, her property and her husband?

[Happytodayhappytomorrow]

Mum owns the property and wants to leave it to her children with proviso that her husband, if she pre deceased him, stays here rent free until his death.

They are concerned what will happen if mum goes into a home while her husband is alive. Will the home need to be sold to pay for care, making her husband homeless?

I'm pretty sure if the home is the sole residence of someone over 60 it can't be sold to pay for care until that person moves out or dies. But you need to check the legalities. MSE forums are very knowledgeable usually.

The capital value of the house will be disregarded plus I believe an allowance towards maintenance and repairs.

www.carechoices.co.uk/paying-for-care/

Thank you all. I'll check out the links and suggestions.

My Mum is in a similar situation and according to her Solicitor the house would not be sold to pay for care while sdad lives there

They ought to set up a Tenancy in Common which means the person not going into a home has the right to live there, and if you were to be included too, it would be owned by her husband and any children.