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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 7050
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I am a 73yr old pensioner and live with my daughter in my

Customer Question

I am a 73yr old pensioner and live with my daughter in my own house. There is a
small mortgage on the property. My daughter wishes to pay this mortgage off.
and I wish to put the property in her name. My question is this, at the moment I
am in reasonable health, but not knowing what might happen in a few years, if for
any reason I have to go into a care home, would the property value be taken into
account for payment reasons.Is there a time limit when the property would not be
taken into account .
Many thanks
Janet *********
Submitted: 1 year ago.
Category: Law
Expert:  Michael Holly replied 1 year ago.

Dear *****

Because at the moment you are in reasonable health and a move into a care home is not a reasonable prospect your house would not be taken into account should you go into care further down the line.

A local authority can claim deprivation of assets where a person transfers a property with the intention of avoiding their obligation to pay or contribute to care fees. However just because you have a house, transfer it and then go into care at some time in the future is not enough. The test is the persons situation at the ime when the transfer was made.

Best wishes