The sensible thing to do when somebody is having to move into a Care Home situation is for any jointly held savings to be split up (preferably 50% to each individual unless one party has contributed a far great proportion) so that only the person in care has assets taken into consideration. Obviously all assets which are in the sole name of the person in care are taken into account. Local Authorities have no rights to the assets owned solely by the other spouse remaining in the marital home