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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

Jointly owned house question.

8 replies

Wingedharpy · 27/02/2022 21:21

Can I sell a house that DH and I own and live in, if he is unable to give informed consent?
Hypothetical question but may become a reality.

OP posts:

kerosene20 · 27/02/2022 21:27

No. Do you have a lasting power of attorney?

Original poster

Wingedharpy · 27/02/2022 21:41

@kerosene20 : No. That's really why I asked the question. DH is in the process of simplifying his finances so that everything that can be is in joint names, but I've only just thought about the house and if it becomes necessary to sell it for practical care reasons.

OP posts:

GeneLovesJezebel · 27/02/2022 21:42

If he may need care, you should get the house split as tenants in common so your 50% can’t be taken.

kerosene20 · 27/02/2022 22:06

[quote Wingedharpy]@kerosene20 : No. That's really why I asked the question. DH is in the process of simplifying his finances so that everything that can be is in joint names, but I've only just thought about the house and if it becomes necessary to sell it for practical care reasons.[/quote]
You wouldn’t have to sell the house if you’re still living in it. If you think he may lose capacity you must do lasting powers of attorney without a doubt! And yes possibly change to tenants in common with a new Will. See a solicitor.

Original poster

Wingedharpy · 27/02/2022 22:09

I was under the impression, rightly or wrongly, @GeneLovesJezebel, that as long as I lived there, the house would not be taken into account when it came to care home fees? Not that it would matter really given that we wouldn't qualify for any funding help.

OP posts:

Original poster

Wingedharpy · 27/02/2022 22:10

X post

OP posts:

kerosene20 · 27/02/2022 22:14

@Wingedharpy

I was under the impression, rightly or wrongly, *@GeneLovesJezebel*, that as long as I lived there, the house would not be taken into account when it came to care home fees? Not that it would matter really given that we wouldn't qualify for any funding help.

It wouldn’t but if you died and the whole house went to your DH then it would be sold and the whole lot could go on care fees.

Original poster

Wingedharpy · 27/02/2022 22:37

In our case, @kerosene20, that would be right and proper.
We've no children and both feel very strongly that other people's children should not have to pay for our care if we can afford it.
I would think differently if I had a brood of Wingedharplets, I'm sure!
Your input is very much appreciated and Lasting Power of Attorney is nearly complete on line.

OP posts:

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