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Does anyone know the answer to this question please? - Carers UK Forum

Does anyone know the answer to this question please?

Share information, support and advice on all aspects of caring.
Obviously we will have to seek the advice of a solicitor, but does anyone know the answer to this question off the top of their heads? We are thinking of putting our present property, if it doesn't sell soon, or the one we hope to purchase if it does, in our kids names. The idea is that it won't be sold to pay for any nursing home fees in the future, we want the kids to have as much of our dosh as possible. My husband seems to think there is a seven year clause and if one of us needs nursing care in that time the house could be sold. Also what would happen if we 'sold' it to the kids for a nominal sum, would it be deemed to be theirs or would there still be a charge on it? I know it sounds strange but since my husband's serious illness psychologically I would be happier if we didn't 'own' the house, even though of course we would continue to pay for all the outgoings etc.
Obviously we will have to seek the advice of a solicitor, but does anyone know the answer to this question off the top of their heads? We are thinking of putting our present property, if it doesn't sell soon, or the one we hope to purchase if it does, in our kids names. The idea is that it won't be sold to pay for any nursing home fees in the future, we want the kids to have as much of our dosh as possible. My husband seems to think there is a seven year clause and if one of us needs nursing care in that time the house could be sold. Also what would happen if we 'sold' it to the kids for a nominal sum, would it be deemed to be theirs or would there still be a charge on it? I know it sounds strange but since my husband's serious illness psychologically I would be happier if we didn't 'own' the house, even though of course we would continue to pay for all the outgoings etc.
You do need to seek proper legal advice, trying to evade paying care home fees can result in legal action by the LA and legal costs, but I think that you will find that this loophole in the law has been closed and LAs take a dim view of parents giving away or selling a property for a nominal sum to the children with the operative purpose of avoiding care home fees which would otherwise have to be paid. Should one of you have to enter residential care the spouse would not have to sell the property to pay the care home fees but would be able to remain in the property, payment would be due on the spouse's death.
Hi Flip Flap
I don't believe you was on this forum at the time when a very good friend of mine was sent to prison for bending the benefit's ruling's and a Certain person on this forum had no sympathy for him what so ever and he was caring for his wife that had cancer and this particular person no names mentioned said fraud was fraud in what ever way it was mentioned so he deserved what punishment he got.

So please get legal advice you never know how people will judge you even if you are doing it with every good intention to benefit your children Please be careful.

John
Hi Flip Flap
I don't believe you was on this forum at the time when a very good friend of mine was sent to prison for bending the benefit's ruling's and a Certain person on this forum had no sympathy for him what so ever and he was caring for his wife that had cancer and this particular person no names mentioned said fraud was fraud in what ever way it was mentioned so he deserved what punishment he got.

So please get legal advice you never know how people will judge you even if you are doing it with every good intention to benefit your children Please be careful.

John
We wouldn't dream of ever doing anything illegal, and if we can't do it legally then we wouldn't do it!
Hi just thought I'd tell you about our dealings with LA.
We lent hubby's Mum the money to buy her house over 16 years ago. The house was in her name. She retired and could not afford the rent.
Last December she was put in a care home.
The council admit that we paid for the house (we have receipts and the re-mortgage on our own property) but they have claimed 60% of the house when it is sold.
We paid for the house in good faith as a pension pot as hubby was self-employed.
Now hubby has had a severe stoke and we are living on benefits and will always be on them as the 40% the council allow us will be next to nothing in real terms.
Hubby's Mum has made a will leaving the house to hubby and all his sisters and brothers have signed a form saying that we paid for the house but the council are not budging.
I feel really sorry for my husband, helping his Mum out has cost us dearly as we also had to pay interest on the re-mortgage.
Employed a solicitor and there is nothing she can do to help us.
As far as I'm aware there is no way to tie up the whole house to keep it away from the local authorities. Not successfully, anyway - the best I've heard of is half. Good legal advice on something like this is essential.
Flipflap,

You mentioned psychological problems – If there is any chance of someone losing mental capacity due to mental illness in the future then it is wise to make a lasting power of attorney now before it happens.

Under Human Rights Law, Local Authorities cannot force a person to sell their home to pay for their care or put them in a care home against their will.

http://www.direct.gov.uk/en/CaringForSo ... G_10031523

http://www.yourrights.org.uk/yourrights ... -life.html

My partner's mother was given five years to live had terminal cancer and she transfered her property to her children under the advice of a solicitor and moved to a rented bungalow and received care at home during the end stages of the illness .
Hi Flip Flap
I don't believe you was on this forum at the time when a very good friend of mine was sent to prison for bending the benefit's ruling's and a Certain person on this forum had no sympathy for him what so ever and he was caring for his wife that had cancer and this particular person no names mentioned said fraud was fraud in what ever way it was mentioned so he deserved what punishment he got.

So please get legal advice you never know how people will judge you even if you are doing it with every good intention to benefit your children Please be careful.

John
We wouldn't dream of ever doing anything illegal, and if we can't do it legally then we wouldn't do it!
So is it morally indefensible to bend the rules where no loophole exists but fine if one can afford to to pay someone to look for a loophole in order to avoid paying taxes or in order to enrich one's children by avoiding costs which others are expected to pay as long as the issue is one of avoidance not evasion and thererfore legal? Both take money from the taxpayer money, i.e. all of us.
Change the deeds to "tenants in common", this can be done when you get a solicitor to write your will. What happens when one of you dies is that a portion (or share) in the property passes to your children. The surving spouse still has total control of the house and cannot be forced out or forced to sell the property if the children want to convert their share into cash. The local council cannot take anypart of the house for care home fees because they cannot force the children to sell. When the surving spouse dies, the remaining shares go to the children. It is perfectly legal. Ask your solicitor. Hope this helps.

B
I am the first to hold my hands up to admit that I don't know anything about the fine legal possibilities around the question you asked. However, I would like to make one point which I do not wish to cause offence.

Whatever road you go down, I feel there must be some caution with regard to future action of children. In an ideal world every child would always want the very best for their parents. Sadly, this is not an ideal world and there are occasions when relationships break down and if houses have been placed into the names of children without possibly all your needs being safeguarded it is possible for you to find yourself in a very difficult situation.

If you had said to me, say, 10 years ago that when my Mum passed away she would have little or no relationship with my sister and that I would be unlikely to ever have any contact with my sister again, I would have laughed at you....it happened. We were a very close family...or so I thought.
When my dear uncle passed away, the company drawing up my aunts will asked her to consider putting her home partly in my sister and my name. I refused and would have nothing to do with it and advised my aunt not to do it either. The difficulties faced when my Mum passed away make me even more convinced that this was the right thing to have done.

Just be careful and please take legal advice.

Bell