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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10122
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I own half of the house I live in. My daughter owns the other

Customer Question

I own half of the house I live in. My daughter owns the other half signed over by her dad when we separated some 15 years ago. My half is willed to my other daughter. I am 67 years old and would like to avoid or minimise care home costs should they arise. Could I sign my half over to second daughter. I would appreciate your advice.

Linda Firth
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

The law concerning Nursing home fees is as follows-

If someone goes into a Home, they will be assessed on how much capital they own, including any share in a property, unless another relative remains living in the property and who is aged 65 or over. I am answering your question on the basis that both of your children have their own properties and neither are living with you.

When assessing a party's capital, any gifts they have made are also taken into account, in that if the State can prove that someone has gifted their property to a relative to avoid being assessed as owning that property, they are still treated as owning that property when assessing the amount of their capital. Strictly speaking, the State can look at any gifts made by a party anytime during their lifetime, but the longer the period between making a gift and entering into a Home, the harder it is for the State to prove it was done to avoid paying N Home fees. Generally, any gifts of properties made within 10 years of someone going into a Home are scrutinised and the party would have to show there was a valid reason for the gift being made, other than to avoid paying N home fees.

I can't therefore give you a guaranteed promise that were you to transfer the property to your daughter, that this transaction would not be investigated were you to go into a Home at some point in the future. However, if you are in good health now and you weren't to go into a Home for at least 10 years, there is a less of a chance than if you were to go into a Home in 12 months time, which I certainly won't happen!!
Even if any gift were to be looked into, on the grounds that your other daughter has already been gifted 50%, you could also argue that this is the reason why you have decided to gift your 50% to your other daughter.

I hope this assists and answers your question. For the reasons stated above, I am sorry that I can not give you a definite yes/no answer, but whether the gift toy your daughter is questioned all depends on future events none of us can predict.

Please let me know if you require any further clarification.

Kind Regards
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10122
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Message for AL
Many thanks for reply. My confusion now lies with who remains in my home should I need nursing care. Both daughters have their own property and I suspect they wouldn't want to live here. My partner of 8 years lives here with me but he is 11 years my junior. Would he be classed as a relative and be allowed to continue living here or would he have to move out and the property. Would the whole of the property be used for fees or just the half that is currently in my name.

Regards. Linda
Expert:  Aston Lawyer replied 2 years ago.

Hi Linda,

If you were to go into a Home, only your 50% share would be taken into account. However, if your partner remained living there, then the State won't take your 50% share into account.

(I didn't realise that your partner was living there, when I answered your original question- the scenarios whereby a Nursing Home resident's property or share of a property is excluded are not only resident's relatives over 60 but also any spouse or partner, whatever age they may be).

I hope this clarifies matters for you.

Kind Regards

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