How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70008
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

Hi. My mum has gone into care and will be financially accessed

Resolved Question:

Hi. My mum has gone into care and will be financially accessed shortly. 26 years ago I moved back home and bought my parents house with only them helping with the utility bills only.This was to help look after both of them at the time. At the time for peace of mind I put both my parents on the deeds. My dad has since died. My question is can the house be taken into the financial accessment. I'm 59 years old and took a lesser role to look after my mum.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help with this please?
Customer: replied 2 years ago.
Because my mum is on the deeds can they count my mum half of the house to pay for her care. As I said I moved back home 26 years ago to look after my parents with them only paying towards the utility bills. This is still the place I live and will be still be mum in care.
Expert:  Jo C. replied 2 years ago.
Depending on how the house was previously owned by you and your parents, it affect your mother's share.

If it was joint tenants with your parents, then once your father dies, the property is then owned jointly by you and your mother.

If it was tenants in common you and your mother owned one third each and your father share passes in accordance with his will.

This was 26 years ago and it is going to be difficult to prove your parents never had any financial interest in the property and therefore your mother's share of the house is at risk to pay for care fees if the local authority decide they want to use it as such.

The exempt limit is £23,000 so the local authority cannot touch the last £23,000 of your mother's assets in any event.

Nor can they make you sell the house (if it is your home) in order to pay those care fees but they could get a charge on the property which means that they would have to be repaid if ever you sell or remortgage the property.

The only possible way of avoiding this is if you come up with something which shows that the complete purchase price was provided by you and that your parents never had any financial input into the property at all apart from utility bills.

If you can do that, you have a reasonable chance of fending off the local authority claim that the value of the house belonging to your mother could be used for care fees.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.
The only thing to back up my paying for the house would be my bank statements only.
Expert:  Jo C. replied 2 years ago.
Thank you. That should be sufficient proof to prove that all the financial interest in the house belonged to you
Jo C., Barrister
Category: Law
Satisfied Customers: 70008
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice