08. Will I have to sell my home?

The value of your home (or your share of it) may count. If it does, and it takes the total of your capital to over £19,500, you will have to pay all your care-home fees. You may be able to pay for these out of your other savings or from your income. If not, you may need to sell your home to raise the money.

However, the value of your home will not count if someone close to you lives in it. This includes:

  • your husband or wife or unmarried partner (or, in some cases, your former partner);
  • a relative who is 60 or over;
  • a relative under 60 who is 'incapacitated' (for example, someone who is receiving a sickness or disability benefit); or
  • a child or step-child of yours under 16 who you support.

The council is able (if it chooses) to ignore the value of your house if someone else lives there (for example, a carer who is under 60).

If you own your home jointly with someone who does not fit into any of the categories above (for example, a relative under 60 or a friend), your share has to be valued. But if the person who owns your home with you won't or can't buy your share from you, the value of your share may be judged very low, so will make little or no difference to what you must pay.

Your home's value is also not taken into account if you are only going into a residential or nursing home temporarily.

Even if the value of your home is counted, it is not included in any calculations for the first 12 weeks after you take up a permanent place in care.

If you would need to sell your home to pay for care, you may not have to do this straight away if you can agree to a ‘deferred-payment’ arrangement with your local authority. Under this scheme the council puts off collecting your contribution, instead putting a ‘legal charge’ on your property. It is then able to claim back the money you owe when the property is eventually sold (or your estate is sorted out. Your local social services department will be able to give you more information about this.

When can I be forced to sell my home?

You cannot be forced to sell your home without a court order. But if you don't sell, and you end up owing fees to the council, it can put a 'legal charge' on your property without your permission. 

If you do have to sell your home, you may be able to get benefits to help you pay care fees until it is sold (see 'What benefits might I be able to claim?'). And if your property takes some time to sell, the council may put off collecting any fees from you until you have sold it.


Chapters

Home | About Us | Our Services | Our People | Firm News | Library | Contact Us
Bobbetts Mackan Solicitors & Advocates
Ground Floor, Griffin House, 15-16 Lower Park Row, Bristol BS1 5BN
T 0117 929 9001 F 0117 3164900
VAT Registered No. 137 8318 52
24hr Criminal defence helpline Tel 0117 9298987
E info@bobbetts.com

Authorised and regulated by the Solicitors Regulation Authority (SRA). SRA number 70535.

Copyright © Bobbetts Mackan. All rights reserved
Terms and conditions
[smaller] Change text size [larger]