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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34288
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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If your husband or wife has to go into care, do you have to

Customer Question

If your husband or wife has to go into care, do you have to sell your house to pay for it?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Who owns the property?
Clare
Customer: replied 3 years ago.

The property is in my husbands name but I have lived with him for the past 40 years and we have been married for over 38 years, we never bothered to change the name on the deeds, it did not seem to be important


I am sixteen years younger hence the concern

Expert:  Clare replied 3 years ago.
Hi
Is your husband still mentally capable?
Clare
Customer: replied 3 years ago.

He has just had a clinical breakdown but is mentally capable. We do have power of attorney documents in place along with our wills which were checked by a local solicitor last year. They have been in place for many years

Expert:  Clare replied 3 years ago.
Hi Shirley
There is no cause for concern - you will not have to sell the house to pay the Care Home fees and the house is not counted as part of the assets when the Local Authority is completing the financial assessment
If you already have Powers of Attorney in place then you have done everything you need to have done
If you have any questions please do not hesitate to ask
Clare

Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for your assistance, I am sure it will not to come to my husband gong into care as I certainly do not want this, I was just worried. You have completely put my mind at ease now and I thank you.


 


An excellent service which if required I would not hesitate to use again.

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - I hope all goes well
Clare