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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71132
Experience:  Over 5 years in practice
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Hi. My mum has gone into care and will be financially accessed

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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.

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 3 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.
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?

Customer: replied 3 years ago.
The only thing to back up my paying for the house would be my bank statements only.
Thank you. That should be sufficient proof to prove that all the financial interest in the house belonged to you
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