Can I be forced out of my home, If mother needs to sell the house to fund her care???

[Desprate Dan]

Hello NMP Friends,

Someone said something to me the other day that struck fear into me..

That I could lose the roof over my head if my mother need's to go into care?

My Dad died in 1998 and I have lived in the family home all my life with my Mother, I help pay for the upkeep and have put a lot of money into the house, because on a single wage i could not afford a house of my own.
As if the thought of my Mother having to go into care is not enough of a worry, but to also think I will be left homeless from the very home we have worked so hard together to get how we want it, would be just to much.

Does anyone have any knowledge of this situation? Any advice would be greatly appreciated as its making me extremely anxious.

Thank you

Dan

[shoegal]

I am certainly no legal expert and I'm sure someone will be along soon who will correct me if I'm wrong, but if your name is not on the deeds of the house (in other words you do not own it) then unfortunately yes, if your Mother sold the house you would have no legal right to live there. I don't think your Mother can be forced to sell the house though, she would have to agree to selling it. If she could afford it I think sometimes care can be organised so that the patient (in this case your Mother) can stay at home. If you believe that you have paid into the house, it might be time to talk to your Mother about the situation. Maybe it's time that she added your name to the deeds of the house so that you had some legal standing, or perhaps she would even consider signing the whole house over to you at some point. I believe some people do this before they go into care so that their children do not lose out on their future inheritance. Like I said, I'm no legal expert, but I think perhaps it's time for you to seek legal advice.

Like I said, I'm not 100% sure about this, so please check with others and seek legal/professional advice. There may be some way around this that I'm not aware of.

[nomorepanic]

I thought that if you went into care then you had to pay for it if you had over £23,000 in savings so a house would be considered savings at a guess.

So I would say that yes they could make your mum sell the house to fund the care.

I agree with Shoe though that you need to ask someone who is "legal" about this

[snowgoose]

Hello Dan,
I am not legal savvy............but I would get advice now at the citizens advice bureau ...........who may advise which solicitors do legal aid .
the way the country is going these days it pays to be very cautious . the fact you have paid into home ....and it is your home must count for something !!
good luck x

[Dahlia]

I agree with the others - get some legal advice. Citizen's Advice Bureau might be a place to start, to understand whether your mum would be forced to sell the house in the first place.

I seem to remember a friend whose mum had a similar problem - and they got the house signed over into her mum's name, so basically her gran couldn't be forced to sell the house.

[macc noodle]

If your mother transfers the asset to you within 7 years of her requiring care, then you may still have to sell.

You do need to take legal advice on this - does your mother have a valid will?

Are you worried that she may need long term residential care ? It seems these days that more and more the preferred option is to keep them at home as it is more cost effective! You could become her carer if this was the case and receive an allowance and, I believe, not have to worry about the house being sold - BUT PLEASE DO CHECK THIS OUT I AM NOT A LEGAL EXPERT.

Also, if you can prove demonstrable input into the cost of running the house such as repairs, improvements etc, there may be an argument for your mother to "sell" you a percentage of the house in return for your "investment".

You may be able to consider buying half the house and then you would have some damage limitation on the costs of care.

All in all, don't panic but do seek advice to either put your mind at rest or enable you to take some positive steps to protect your home.