Selling A House To Pay For Care Home Fees

[clairson59]

I posted a question previously about whether my sister would be forced to sell her home to pay for her ex-husband's funeral because he still owns a share of the property which was kindly answered. I have more questions.

My sister lives in the house owned by her and her ex with their 2 sons. One aged nearly 38 and the other 32. The younger son has Downs Syndrome and requires full time care due to the level of his disability. The house is owned outright, no mortgage. It has been willed equally to the 2 sons.

My questions are the following:
1. If my sister had to go into a care home her handicapped son would probably also need to go into care. Would the house have to be sold to pay their care fees, even though the older son also lives there and has no means of getting a home of his own due to his income, or lack of? He is currently unemployed yet again and can only obtain low paid work due to lack of experience/qualifications?

2. If my sister dies her younger son would have to go into care. Her older son is not capable of caring for his brother and would hopefully be working by then. Would the family home have to be sold to pay the care fees of the younger son?

3. Same question regarding her ex-husband. Would his share in the property mean it would have to be sold to pay for his care fees? I doubt it if his handicapped son is living there.

I cannot find definitive answers on any sites so grateful if anyone has information.

[bednobs]

most of the answers will depend on how the house is owned jointly - do they own a certain percentage each? Are both their wills the same (ie leaving everything between the 2 sons?)

[woofgang]

I am actually not sure it matters how the house is left once it goes outside of being left to the spouse. The disregard operated by the council when assessing for care home fees centres around who else is living there and what their residence rights are; and who else owns any part of the house. An adult individual only be assessed against what they actually own unless there has been deliberate deprivation of assets.

[clairson59]

In answer to your question regarding percentage of ownership bednobs, I believe the divorce settlement gave my sister 60% of the house and 40% to her ex-husband. Quite fair considering she saved for the deposit on their first home and paid most of the bills. Her ex has spent most of his life on the dole. His only "contribution" - it was his parents' former council house they bought at a discount at a time when he was yet again unemployed and they were facing losing their own house due to foreclosure for owing mortgage repayments, with 2 young children facing being homeless. Her ex is now crippled with arthritis and is alcoholic so is likely to die before her.