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1. I regret to say that until such times as your father in law and mother in law get a divorce which ends their marriage, they are treated as a married couple for all purposes, including when dealing with care home and for succession upon death. So, I regret to say that your brother in law is wrong in believing they have no legal ties. Essentially, your mother in law inherits your father in law's assets as a spouse upon his death. Similarly, she has a liability to contribute to his care home costs whilst he is alive. So, you are correct in seeking to go through the Court of Protection to sell his home to fund his care home costs. I would advise the both of them, after living apart now for 48 years to consider getting a divorce if they want to avoid the implications of being married. Divorce can be done cheaply where both parties agree to divorce. So, I would advise you to get them to see a solicitor and bring their marriage to an end, as otherwise, unforeseen consequences will arise from them still being married.