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  1. #1
    Nikolarse's Avatar

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    Default Mums House after she passes

    Having recently split up from a long term relationship, I have moved back in to my mums house, for various reasons. There is no financial commitment between myself and x.


    I pay her "rent" to run the house, and have made a contribution towards her expenses for quite some time prior to moving back in, because I am nice! In the several hundreds of £ per month region.

    She is 66 retired but in great health, so this is not trying to avoid imminent liabilities. This is not my main concern. Over the last few months the situation is ok for both of us an works well.

    My concern is if this becomes long term will my residency here affect any calculations for care home fees. What I don't want to happen is to effectively subsidies her now and be kicked out by the council should she need care in 10 years. For clarity the house is privately owned and I would think be valued at £800k or so.

    Sorry if this is a little rambling and perhaps unclear, I am trying to give all the info!

    I am more than prepared to take paid advice, but am unsure where to turn. Would a local solicitor help, if there is anything they can help with?

    thanks in advance for any help.

  2. #2
    des8's Avatar

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    Default Re: Mums House after she passes

    Hi and welcome.
    The regulations regarding the disregard of a house are under Para 2(b) (ii) of Schedule 4 to the National Assistance (assessment of Resources) Regulations 1992)
    The salient section for you regarding disregard 4. Any premises occupied in whole or in part by—
    (a)
    a partner or relative of any member of the family where that person is aged 60 or over or is incapacitated;.
    A recent case ended in the Court of Appeal where it was held that occupation meant living in the premises as a main home


  3. #3
    Nikolarse's Avatar

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    Default Re: Mums House after she passes

    Thanks des8 I am in my 30s so this is some way off. I have quite an erratic schedule with work, and sometimes spend several months at a time abroad. The nature of my employment means this is never likely to change.

    Would there be any advantage in transferring ownership to me whilst I am registered living there? Or even her gifting a % via a tenancy in common?

  4. #4
    des8's Avatar

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    Default Re: Mums House after she passes

    The problem for you and your mother is that if the local authority suspect there has been deliberate deprivation of assets there is no time limit on how far back they can investigate.
    Under the NHS and Community Care Act 1990 their investigation is limited to 6 months, but councils now tend to use insolvency laws.

    If you use a financial adviser to resolve this question, the council could ask for the notes taken at any such meeting to ascertain the reason for the changes.
    They will then refuse to contribute to care home funding until the "notional capital" has been used up

    I think you should consider obtaining GOOD professional advice.


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