Forced eviction of patent with dementia

[JurassicMermaid]

Please help! As part of a divorce, can you be forced to sell a property which is owned outright by one party but is home (without any legal documentation) to a lone elderly parent with dementia? Parent currently living alone with frequent care but not deemed unwell enough for a care home. When the time comes, the parent is not self funding and so will have no choice as to when and where they move. Grateful for any legal knowledge on the topic.

Just to be absolutely clear:

• ?You own the property in your name and it's considered a marital asset for divorce purposes?
• You can't afford to keep the property in exchange for other assets
• Your parent is currently living there but pays no rent etc

Yes I own it and assume it is considered an asset. I bought it before marriage but during cohabitation funded from sale of existing property I owned and a gift from the parent living there.

If I have to give up the value of the house the parent is in, I wouldn’t be able to fund a home for myself and child.

Patent lives there and pays no rent but funds any upkeep of house (minimal).

Thanks for any help!

So it was your parent's home before and you bought them out? Bought their council house in your name?

Unfortunately it's a huge risk to the parent when they gift away their own security like this.

Your priority is to find out what the total assets are within the marriage and what the likely split will be. No, your parent will not have a right to stay in your property just because of their age and infirmity I'm afraid, if it needs to be sold as part of the divorce proceedings.

Not quite but it was a gift of a property plus a sale of another i bought before I met my husband Do you know if there is any legal means of protecting the property before a divorce ( as I have not yet started proceedings)? Thank you so much.

I doubt it, but you really need to see a solicitor and clarify:
a) whether it's definitely a matrimonial asset given you bought it before you were married
b) if it turns out not to be, given you weren't married and haven't benefitted as a family from rental income, whether the remainder of the assets could see you both adequately housed - if not, it might still be taken into account to ensure your h gets a fair split.

Are you sure your husband would go after the house? If your parent sold you the house to avoid care home fees might your husband accept that you parent should be housed there? You could offer to give him a portion of the house when your parent dies or leaves for a care home (sorry to be so blunt)

As everyone else has said you need to see a Solicetor.