Care home fees when husband owns our house.

nahthatsnotforme · 2025-02-05T08:37:26+00:00

We have been married 40 plus years. My Dh owns our house; I have never been on the mortgage ( now paid)/ deeds and never felt I needed to be. I still don't, and this isn't the point of this thread But we are getting older and thoughts have turned to old age a potentially care fees If he needs care he owns a property but I live here... what then? If I need care I don't have a property to sell. Should we make changes? I should add that DH will do whatever is best for both of us.. there is no question of it being 'his' in any way but legally.

harriethoyle · 05/02/2025 08:39

https://www.ageuk.org.uk/information-advice/care/paying-for-care/paying-for-a-care-home/do-i-have-to-sell-my-home-to-pay-for-care/

this might help you @nahthatsnotforme

https://www.ageuk.org.uk/information-advice/care/paying-for-care/paying-for-a-care-home/do-i-have-to-sell-my-home-to-pay-for-care

AmpleRaven · 05/02/2025 08:39

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

saraclara · 05/02/2025 08:49

I have never been on the mortgage ( now paid)/ deeds and never felt I needed to be. I still don't

Well now I'm afraid you almost certainly DO need to be on the deeds.
Age UK's helpline is excellent. Give them a ring and they'll advise you and send you an excellent booklet about it all.

https://www.ageuk.org.uk/services/age-uk-advice-line

twiddleit · 05/02/2025 08:52

I believe if he goes into care and you are over 60 and it is your home they cannot sell it for fees.

Check that though.

Original poster

nahthatsnotforme · 05/02/2025 08:57

@saraclara can I ask why you think I should? If he dies first the house will become mine. If I need care then it can be sold to pay for it.

OP posts:

MontyDonsBlueScarf · 05/02/2025 09:17

It's not so much to do with being able to stay in the house, it's about how much would be left for you after it's sold. There is a limit on what can be taken for care fees. If your DH owns the whole house then everything up to the limit can be taken. If you own it as tenants in common then you each own a specific share. His share can be taken up to the limit to pay for his care but your share can't be taken at all.

MyNewLife2025 · 05/02/2025 09:19

nahthatsnotforme · 05/02/2025 08:57

@saraclara can I ask why you think I should? If he dies first the house will become mine. If I need care then it can be sold to pay for it.

If he dies first, the house will be sold to pay fur his care home fees so you take the risk of being homeless.

If you die first, he keeps the house and you lay nothing.

You need to protect yourself here asap.

saraclara · 05/02/2025 09:27

nahthatsnotforme · 05/02/2025 08:57

@saraclara can I ask why you think I should? If he dies first the house will become mine. If I need care then it can be sold to pay for it.

I'd have to check this as it's been a while, but as I recall it, at the moment the entire value of the house can be factored in to the deferred payment for his care. If you are on the deeds, only half the value of the house can be claimed on for care.

caringcarer · 05/02/2025 09:31

You might be best off having the house tenants in common.

ByQuaintAzureWasp · 05/02/2025 09:50

caringcarer · 05/02/2025 09:31

You might be best off having the house tenants in common.

Agree

JudgeMenthol · 05/02/2025 10:32

You need to read the Age UK information.
I am in a similar situation to you, and my understanding is that if you are married and your husband goes into care, then you are entitled to stay in the house even if you are not on the deeds. His state pension / Attendance Allowance / and savings in his name will go towards care fees. If he has a private pension then half of that will be taken, you will be allowed to keep the other half.
The only time they can touch the house is if you decide to sell it to perhaps downsize.
They cannot put a charge on the house.
I am more than happy to be corrected on the above - with relevant material rather than how people think it works.
The Altzeimers website also has a forum and similar situations have been covered there from moderators

AirborneElephant · 05/02/2025 11:38

JudgeMenthol · 05/02/2025 10:32

You need to read the Age UK information.
I am in a similar situation to you, and my understanding is that if you are married and your husband goes into care, then you are entitled to stay in the house even if you are not on the deeds. His state pension / Attendance Allowance / and savings in his name will go towards care fees. If he has a private pension then half of that will be taken, you will be allowed to keep the other half.
The only time they can touch the house is if you decide to sell it to perhaps downsize.
They cannot put a charge on the house.
I am more than happy to be corrected on the above - with relevant material rather than how people think it works.
The Altzeimers website also has a forum and similar situations have been covered there from moderators

I agree, for council care fees the house will be disregarded if a spouse lives there.

However, I would 100% still add you to the deeds as joint tenants. If there is no mortgage there will be no stamp duty to pay and no CGT between spouses, so it should cost very little. The house will then pass straight to the survivor without going through probate. If there are any other debts or claims on the estate those would otherwise have to be settled first before the house could be transferred to you. It’s unlikely, but possible , that otherwise another liability could take the house from you (eg an accident held to be your husbands fault).

It also makes it impossible for someone to manipulate him to change his will to leave the house to someone else, leaving you homeless (you could contest, but that’s a stress you wouldn’t need). Early dementia / brain tumour ect can make this much more likely. Again hopefully not something you’ll face but having the house jointly will give you much greater certainty.

BorgQueen · 05/02/2025 11:42

Such ridiculously bad ‘ advice’ on here.

It doesn’t matter that the house is only in his name - she lives there, so the Council can’t go after it. They can’t touch a house if another dependent adult like a disabled child lives there either.

If he has a much larger pension than her, they can only claim half towards care fees as well.

BorgQueen · 05/02/2025 11:44

I do agree about becoming joint owners though, makes his death far easier, in administrative terms.

AnnaQuayInTheUk · 05/02/2025 11:44

MontyDonsBlueScarf · 05/02/2025 09:17

It's not so much to do with being able to stay in the house, it's about how much would be left for you after it's sold. There is a limit on what can be taken for care fees. If your DH owns the whole house then everything up to the limit can be taken. If you own it as tenants in common then you each own a specific share. His share can be taken up to the limit to pay for his care but your share can't be taken at all.

That's not true. Even if the OP isn't on the deeds the LA can't sell the house for fees if a dependent over the age of 60 lives there.

MontyDonsBlueScarf · 05/02/2025 12:32

@AnnaQuayInTheUk Even if the OP isn't on the deeds the LA can't sell the house for fees if a dependent over the age of 60 lives there.

The key point is that the dependent must live there. Tenancy in common protects the OP's share in the situation where her DH is in long term care and she can no longer manage the house so she moves to something smaller. That would release funds which the LA could then take, up to the limit. If there is a joint tenancy then OP could keep half the funds released and the LA could only take from the other half.

That may not be a likely scenario now, but now is the time to consider it, because if you wait till it's likely then you will run into deprivation of assets.

hummingbird12 · 05/02/2025 12:33

Change it to tenants in common.

Rimtimtagidimdim · 05/02/2025 12:43

Slightly off topic to the OP but can I ask what happens if, as tenants in common, a surviving partner eventually needs to move but has their partners care home bill to pay?

Ie. their old terrace worth £200k was no longer suitable to live in but they'd seen a bungalow for £150k and they owed the care home their partners half of the terrace (£100k) - would they only be able to move if they found the extra £50k to pay the care home off? Or would it be added as a charge on the new bungalow?

Original poster

nahthatsnotforme · 05/02/2025 12:52

Thank you to all who have commented. Some really good for thought!

@Rimtimtagidimdim another good question. If it was me who needed a care home I'd assume my fees would be paid for, as I have no assets. And if I die first my DH wouldn't then be responsible for them.

OP posts:

Original poster

nahthatsnotforme · 05/02/2025 12:53

*food for thought

OP posts:

Soontobe60 · 05/02/2025 12:55

nahthatsnotforme · 05/02/2025 08:57

@saraclara can I ask why you think I should? If he dies first the house will become mine. If I need care then it can be sold to pay for it.

If you’re not on the deeds then it won’t automatically become yours. He would have to have a will naming you the beneficiary of his estate. If he doesn’t have a will and his estate is very high, it’s not as clear cut.
Just tell him to add you to the deeds asap!

Soontobe60 · 05/02/2025 12:56

JudgeMenthol · 05/02/2025 10:32

You need to read the Age UK information.
I am in a similar situation to you, and my understanding is that if you are married and your husband goes into care, then you are entitled to stay in the house even if you are not on the deeds. His state pension / Attendance Allowance / and savings in his name will go towards care fees. If he has a private pension then half of that will be taken, you will be allowed to keep the other half.
The only time they can touch the house is if you decide to sell it to perhaps downsize.
They cannot put a charge on the house.
I am more than happy to be corrected on the above - with relevant material rather than how people think it works.
The Altzeimers website also has a forum and similar situations have been covered there from moderators

You’re correct - but they don’t need to be married, just to be financially ‘intertwined’, such as having joint bank account / bills etc.

Soontobe60 · 05/02/2025 12:57

nahthatsnotforme · 05/02/2025 12:52

Thank you to all who have commented. Some really good for thought!

@Rimtimtagidimdim another good question. If it was me who needed a care home I'd assume my fees would be paid for, as I have no assets. And if I die first my DH wouldn't then be responsible for them.

What income does each of you have? Pensions?

Soontobe60 · 05/02/2025 13:00

Rimtimtagidimdim · 05/02/2025 12:43

Slightly off topic to the OP but can I ask what happens if, as tenants in common, a surviving partner eventually needs to move but has their partners care home bill to pay?

Ie. their old terrace worth £200k was no longer suitable to live in but they'd seen a bungalow for £150k and they owed the care home their partners half of the terrace (£100k) - would they only be able to move if they found the extra £50k to pay the care home off? Or would it be added as a charge on the new bungalow?

If the house sells at £200k and a new property bought for £150k, the remaining £50k would be treated as being equally split between both parties, so £25k would go towards care home fees.
‘However, if a house is owned by more than 1 person, you need the permission of both owners to sell it. If one person is in a home and doesn’t have capacity anymore, the house can’t be sold, which is why Lasting power of attorney is vital.

Velvian · 05/02/2025 13:05

The home property won't be taken into account by the LA if a spouse or partner lives there as their main and only home, regardless of their age.

The advantage of joint tenants over tenants in common and not being on the deeds at all, would be that it could pass to the surviving spouse without becoming part of the deceased spouse's estate. That would be a definite advantage if your DH were to die first.

You need to see a solicitor though.