Care home fees

[user1471543683]

One of these 5 o’clock in the morning thoughts! I live with my partner in his house, have done for nearly 30 years. We have wills leaving everything to each other. If however he had to go into a care home would the house need to be sold for fees? We have a teenage children together and live in Scotland. Any advice would be appreciated.

possibly not looking at this.

https://www.careinfoscotland.scot/topics/care-homes/paying-care-home-fees/selling-your-home/

The law says that the local council must disregard the value of your home when your partner or a relative who is over 60 or incapacitated still lives there.

No - see page 7

www.ageuk.org.uk/siteassets/documents/factsheets/fs38_property_and_paying_for_residential_care_fcs.pdf

@Theeyeballsinthesky that fist pink block says info is applicable to England and the op is in Scotland.

You need to think wider than care home fees though.

Eg DH is in care home. You die all your assets (apart from a bit of stuff for kids as you are in Scotland) go to your husband as per your will. Care fees then eats up your legacy and your DC are left with nothing.

Ah missed that! Sorry

I’d get some proper legal advice. I’m not sure about Scotland but putting the house (or DPs half) into trust for the children could avoid having to sell it for care home fees.

I would hope that the first concern of one's children would be that you received the best possible care rather than how much you were leaving them.

You need to get proper legal advice asap. But as I understand it, you are in a very precarious position being unmarried. The house is his, as it’s in his sole name. I think in this situation the house could be sold to cover the care home fees.
You don’t know what the future holds, so in your position I would do a low key civil partnership to give you rights, stability and a smoother transition to old age (and it may stop your 5am worries). Or I’d get my name on the title deeds. But there are other things that marriage would bring like access to his pension entitlement, more lenient inheritance tax rules etc. All the best.

Missed the bit where it was a DP rather than DH/W. To echo pp you are very likely stuffed, just generally, never mind ref a care home.

Take some legal advice.