What happens in this situation?

[Aug19]

DF owns the house he and DM have lived in since their marriage (he owned it before they were married). Her name is not on the deeds, she's ok about that.

What would happen if DF needed to go into care? Could the house be sold to pay for it and DM made to leave?

Any advice greatly received, thanks!

Yes in a nutshell. To ring fence her share of the house they need to register the house as tenants in common.

Is this correct? I've also posted on Elderly Parents and am being told she wouldn't have to move out.

It's confusing!

They are married, so surely the house belongs to both of them?

Taken from Age UK website:

Does my home have to be included in the means test?

In some situations, your home won’t be taken into account in the means test. There are a few circumstances where this applies:

If you need temporary or short-term care only, your home won’t be included in the means test.
If your care home is permanent, it won’t be counted if it’s still occupied by:

your partner or former partner, unless they are estranged from you
your estranged or divorced partner IF they are also a lone parent
a relative who is aged 60 or over
a child of yours aged under 18
a relative who is disabled.

@HollowTalk I guess if they got divorced then DM would be entitled to a share, even though her name is not on the deeds.

Just wasn't sure how it would stand in the case of DF needing to go into care & her possibly being forced to leave and the house sold to fund his care.