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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24570
Experience:  Senior Partner at Berkson Wallace
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My partner and myself live separately because of his health

Customer Question

My partner and myself live separately because of his health issues. We both have our properties with no mortgages. He needs to sell his property to buy a warden assisted flat, he doesn't need a mortgage. Eventually he may need to go into residential care. Can he put my name on the title deeds so he doesn't loose his flat to pay for his care? Tenants in Common? I won't be living with him but will be visiting often. Thanks
JA: Where is this? It matters because laws vary by location.
Customer: Egham in Surrey
JA: What steps have been taken so far?
Customer: He's putting his flat on market now, he's decided which flat he likes
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: He's 60, I'm 69. He's on uc and has disability allowance.
Submitted: 11 days ago.
Category: Law
Expert:  Stuart J replied 11 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Does he think doing this circumvents paying for care in future?

Customer: replied 11 days ago.
Customer: replied 11 days ago.
Just text please
Customer: replied 11 days ago.
Do you have an answer yet please?
Customer: replied 11 days ago.
I understand information better if it's written down
Expert:  Stuart J replied 11 days ago.

The short answer is no.  If it was easy as that, everybody would do it.

It would be different of course if you lived in the same property because then it could not be taken into consideration.

if there was an easy way of avoiding selling a house for the payment of care fees, everybody would do it.  They don’t and the reason they don’t is because there isn’t.

There are quite a few fact sheets around about what can be disregarded with regard to a persons property and the payment of care fees and here is one from age UK.

https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs38_property_and_paying_for_residential_care_fcs.pdf

as you will see on the front, they have quite a few fact sheets and you might want to have a look at all of them.

Do read all of this booklet but in particular, Disregarded Property is in section 5 on page 7.

If a person is taken into care and the property is occupied as the main home by:

your spouse, partner, former partner, or civil partner, except where you are estranged

a lone parent who is your estranged or divorced partner

a relative of yours, or member of your family, who is   aged 60 or over,

or  a child of yours aged under 18, or  ‘incapacitated’

so you will see that the list is extremely limited.

There are various qualifications to the definitions in the paragraphs following.

Finally, the local authority cannot take the last GBP23,500 of anyone’s assets (GBP24,000 in Wales)

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards