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Coercive control and Dmum as a carer for abusive husband - property rights

37 replies

Alltheyearround · 25/04/2024 18:58

Long post as didn't want to drip feed!

My DM (now in her mid 70's) married a man who has exhibited more and more bullying and coercive controlling behavior over the years. Let's call him E.

He is now quite ill with stage 4 cancer. She has looked after him for 2 years, endless hospital appointments, prescriptions, meals, intimate care etc. This was in the home she bought with our Ddad (who passed away when he was in his mid 30s).

Obviously E now has rights to the house legally through marriage. DM regrets marrying him but feels she has had a duty to look after him. Think of the most demanding toddler and double it, that's him 24 hrs a day.

He is now in hospital recovering from a broken leg (fell trying to get to bucket to pee in the night). It is likely he will die in the next 12 months and he wants to come home. DMum insistent that she has had enough and that he now needs nursing care (NHS have said they will pay due to high level needs). The abuse had got to the point where he recently threw a jug of pee all over her in a fit of anger. He also threw his walking frame down the room. We got social services involved at Christmas and they did talk to her but she finds it difficult to admit it is domestic abuse. They can see what's going on, she just says he is difficult and angry because of pain. She won't report anything to police and told SS she wasn't a safeguarding risk.

Now, crux of the matter - We know he has the right to come back home, but she also has the right to refuse to care for him (she is conflicted about this, despite the abuse and makes excuses for him). SS said she could just choose to walk out and then they would put an emergency care plan in place. She could stay with either me or my sibling. SS can see the situation for what it is and even said they would house her.

The legal question is: would she lose any rights to the house by walking out and refusing to be his carer any more? One of the care team told her it puts her at a disadvantage legally.

The house is her only asset, she's worried he might do something spiteful regarding it - or change his will and give everything of his away. She's not bothered about money but really the house was paid for by her since the 1970s. He's never contributed to the mortgage as far as I know. I know this doesn't mean much legally.

She wants to leave it to my sister and I. She said she would put up with caring for him if it meant keeping the house. We would rather she had a life but can see her POV.

What are her rights? Does it put her in a bad position if she was to leave the property and refuse to care for him. He's an absolute brute, very spiteful, very controlling and jealous. Doesn't care a fig for any of her needs. Shouts at her loudly in the ward (hospital want him out as he's rude and demanding - apparently one night he rang the bell over 30 times).

Caring for him means she can't attend to her own health needs (overdue operation), she can't eat or sleep properly. She's just had enough. At 76 and after so many years of living with domestic abuse, who can blame her.

I have asked her to speak to a solicitor but she keeps burying her head in the sand.

Any advice on her legal situation is most welcome. We just need some facts so she can make decisions. She wouldn't leave lightly, she still cares about him (despite everything he has done) but she has reached the end of her tether.

She's been such an independent woman, it's been horrible watching him diminish her. Just want her to have a few years where she gets to live her own life and not be a slave in her own home.

OP posts:
Karensalright · 25/04/2024 20:29

@Alltheyearround Have dealt with this issue more than once in the past.

You can independently, from your mum, make a safe guarding alert on the basis of DVA and your mums vulnerabilities.

It is correct to say that he has a spousal right to return home but DVA can scupper that notion.

You need to kick off hard with Social care and advocate for your mum as a victim of abuse. Tell them firmly it just is not going to happen and you are not displacing your mum.

Whatever he says he wants, she and you can block it, just tell SS quite where to go. He will be not allowed in, no adaptions will be permitted and and no care services will be allowed entry.

Tell them locks will be changed.

It is a civil matter he can only assert his “rights” through the courts, SS do not have the power to insist upon his return. And once you tell them so they will back off

dragonscannotswim · 25/04/2024 20:44

@fromaytobe

I know! I was trying to say that she has to say 'No, I can't care for him' and she has to tell someone about his abuse of her, so it stops.

If she doesn't, then nobody will be able to help.

And of course she shouldn't be forced to be his carer!

BabaBarrio · 25/04/2024 20:58

Word to the wise, NHS saying they will pay for care fees when they have decided he is to be discharged from hospital to home and cared for at home by carers visiting 2x a day, (all based on your posts, OP) doesn’t mean the NHS will pay the much higher care fees for a residential nursing home even if the patient demanded it (I understand he is demanding to go home).

You need expert advice on this. Age U.K. is who I would call along with MacMillian as they are both familiar with end of life care for terminal cancer patients.

Alltheyearround · 25/04/2024 21:05

@blacksax this is what we are afraid of. And I have said it to her. She agrees it is possible.

So crazy.

OP posts:
JustAnotherLawyer2 · 25/04/2024 21:06

She could apply for an occupation order - now. If she explains to the court that she cannot care for him, has care needs of her own, and that he is abusive, and that he has somewhere safe to go that will meet his needs (NHS have already said as much), then the court may well provide her with an order. That way he cannot come back to the house, whether he wants to or not.

Form FL401 - no court fee to apply.

Help from Courtnav here: https://injunction.courtnav.org.uk/register/triage

Or from NCDV.org.uk

Or she can instruct a solicitor: solicitors.lawsociety.org.uk

But she has to be willing to make that application and complete a witness statement - her fear at doing so can be referred to in her application.

Welcome to CourtNav | CourtNav

https://injunction.courtnav.org.uk/register/triage

Alltheyearround · 25/04/2024 21:09

@Karensalright That's exactly what I did do. Made a call to adult safeguarding just before Christmas. They came out within a day, lead social worker interviewed her away from E. He told me she didn't score highly enough on his form (she was minimising obs) and he said she doesn't want to be safeguarded and it is her choice.

OP posts:
Nat6999 · 25/04/2024 21:14

If you find out when he is going to be discharged, can't you be there & refuse to allow him entry, or failing that, get the locks changed & take your dm to yours until they take him back to hospital, they can't leave him on the doorstep.

bombastix · 25/04/2024 21:23

The really tough reality is that your mother has to say he is abusive and see a lawyer. She could get an occupation order. But she has to do it. A lawyer can help structure these decisions if she wants to make them.

I know you are worried for her but you will also be very drained by all of this. What about you?

Mischance · 25/04/2024 21:28

However, because they are married, the council can include the value of the home in their calculations of his financial ability to pay for his care whether in home carer or in a care home. They may place a charge against the house, forcing her to sell it to pay the costs of his end of life care.

The value of the property is not relevant in this case because, according to the original post, his care is to be funded by the NHS. I presume this is under the Continuing Health Care Funding system. This system is not based on financial considerations but on health care needs.

But it is worth saying that, for those whose care funding comes under the local authority, if a relative who is disabled or elderly is living in the home, then the value of the property is ignored completely. The value of the property is therefore not relevant and would not be taken into consideration.

The issue of a local authority placing a charge on a property only arises where the person is assessed to pay (because no elderly or disabled relative in situ) but this is delayed - the LA then pays the care charges, but places a legal charge on the property so that they can recoup what they have paid after sale or death.

Age UK (https://www.ageuk.org.uk/) is the best source of advice about these matters and they are free.

https://www.ageuk.org.uk

Viviennemary · 25/04/2024 21:28

She needs to see a solicitor re any rights he has to the house, I think legally he will proably have some have some rights as regards the house.She should also contact Age UK for advice.

PurpleBugz · 25/04/2024 21:37

Alltheyearround · 25/04/2024 21:09

@Karensalright That's exactly what I did do. Made a call to adult safeguarding just before Christmas. They came out within a day, lead social worker interviewed her away from E. He told me she didn't score highly enough on his form (she was minimising obs) and he said she doesn't want to be safeguarded and it is her choice.

I just wanted to say your poor mum this sounds like hell. If I were you I would have a blunt conversation with her tell her if she is prepared to keep caring for him to keep the house for you then she needs to face up to the abuse and be honest with social services about what is happening. Tell her to do it for you not for herself. I e been in an abusive marriage, you get to a point you don't value yourself can't put your safety and happiness as important. I only was able to leave to protect my kids because I love them more than myself. Maybe that's the angle to come at this

Alltheyearround · 25/04/2024 21:46

Thanks everyone for chipping in.

Last hospital discharged with zero warning despite lots of reassurance she would be included in meeings/conversations. This is hospital number 2 he's in now, a local one.

Will come back and let you know how she goes on within next few weeks.

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