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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33507
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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We own a piece of land and my parents have built a house on

Resolved Question:

We own a piece of land and my parents have built a house on that land. if they get taken into care can the council insist they sell the house to pay for care even if they don't own the land ?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 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
How much have they spent on the building?
Clare
Customer: replied 2 years ago.

Hi Clare,

Apologies for delay in reply, the build cost is approx £120,000 our original land cost £100,000

Thanks

Expert:  Clare replied 2 years ago.
Hi
When was the property built?
Clare
Customer: replied 2 years ago.

Hi Clare,

Just being completed now

Thanks

Expert:  Clare replied 2 years ago.
Hi
How old are your parents and is there any current risk of them needing a Care Home?
Clare
Customer: replied 2 years ago.

Hi Clare

Dad is 79 and Mum is 77, both very well and I see no risk of them going into care but I just want to make sure in case they do.

Thanks

Customer: replied 2 years ago.

Hi Clare

Dad is 79 and Mum is 77, both very well and I see no risk of them going into care but I just want to make sure in case they do.

Thanks


Expert:  Clare replied 2 years ago.
Hi
What other assets do your parents have?
Clare
Customer: replied 2 years ago.

Hi Clare,

Guess that would be other property? They have no other assets of that nature.

Thanks

Expert:  Clare replied 2 years ago.
Hi
Sorry I should have been clear - I meant savings or investments
Clare
Customer: replied 2 years ago.

Hi Clare, no other savings, their last bit is going into building this house, so maybe left with a few thousand but not much, no other assets. Thanks

Expert:  Clare replied 2 years ago.
Hi
Since they do not own the land your parents cannot sell the house.
However you do need to be aware that if the Local Authority decide that the money was spent building the property to try and avoid the money being lost to care home fees then they will simply assess your parents on the basis that they still have the funds that they spent on the build.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33507
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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