Lawyer37I’m sorry to hear about your situation, and I understand how concerning this must be for you. Legally, under the Care Act 2014, your home cannot be forcibly sold to pay for care fees as long as you, the spouse, are still living in it. The value of the property is disregarded during means testing for care fees while a spouse or partner remains living in the home.
However, local authorities may place what is known as a deferred payment agreement or a lien on the property. This means that while they won’t require the sale of the home now, they can recover care costs from the value of the home when it is eventually sold, typically after both spouses have passed away or if the property is no longer the primary residence of the spouse.
It’s important to explore ways to protect your home and ensure your assets are safeguarded. Each case is unique, and it’s always best to get advice specific to your situation.
For more detailed guidance and to explore your options, I would recommend arranging a free estate planning review to get accurate answers based on your circumstances. Click here to request your free estate planning review.