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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11129
Experience:  30 years as a practising solicitor.
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I currently live in a mortgage free property which belongs

Resolved Question:

I currently live in a mortgage free property which belongs to my wife and myself unfortunately my wife is now being cared for full time in a nursing home as she has dementia. I have financial and welfare power of attorney but would like to relocate to a different property. I would like to know if I can do this without informing the local authority responsible for her care. If so where would I stand financially as I would like to downsize and this would possibly free up a sum of money. I would be obliged if you could help as this seems to be a difficult arena to navigate.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
The property will already have been disregarded on the basis that you have continued to stay there. The guidelines laid down by the Scottish government provide as follows:
"7.002B
If a resident sells his only or main residence within the first 12 weeks of a
permanent stay the disregard ceases to have effect from the date of the
sale.
7.002C
A resident is entitled to the 12 week property disregard irrespective of his
remaining capital once the value of his property is disregarded from the
financial assessment."
So provided the property is the sold within 12 weeks of the assessment which disregarded the house, the disregard stands and the local authority have no further interest. You would not have to tell the local authority.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.
Sorry but I'm a bit confused, is my property disregarded then as my wife has been in care over two years. The property is in both our names also. Therefore can I sell without informing local authority. If I sell are the local authority entitled to take half the profit or outstanding balance left after purchase of new property for me to reside in. Thanks
Expert:  JGM replied 2 years ago.
The property has already been disregarded therefore you don't have to declare it to the local authority. It was and remains exempt because you continued to live in it. You can sell it and your wife and you are entitled to the profit.
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