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< Back to care journey

When a relative goes into care from their own home then one of the first practical problems to confront is what to do with the house?

If asked for advice, social services staff will often give a brief answer – "sell it!" But the options are often broader than that and picking the right one more complicated.

Is the house disregarded as an asset? There is a mandatory disregard if the resident's partner is living there. There are also several other mandatory disregards. There are discretionary disregards that can apply, for example if the house is occupied by a carer. A person may ask for a disregard if they move in after the resident has moved out where this is necessary and is not apparently done just to avoid care fees. Legal advice can assist in presenting such a case effectively.

If there is no disregard, a deferred payment arrangement can create time for a person who needs to continue to occupy the house.

Sometimes it may make economic sense to rent the property rather than sell it.

What happens if the house is jointly owned and joint owners do not want to sell? That may well affect the value for means testing purposes and the joint owners have a number of options.

Is the house jointly owned under "right to buy"? This can cause difficulties relating to the treatment of the property discount.

Wrigleys provide full legal advice on the care law and property aspects of these choices.

Guidance

FAQs on Deferred Payments

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General Enquiry

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NHS Continuing Care Enquiry

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The Yorkshire Family Business Bulletin

Thomas Wainman considers 'employee ownership' as an option for family businesses plus the usual mix of news, insights and perspectives.

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Proposed changes to the law on Wills and how they may affect you

We summarise proposed changes to the law on Wills (designed to encourage more people to make Wills) and the implications for lawyers and clients.

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Sources of finance for community-led housing

We have compiled a list of grants, loans and other finance options for community-led housing and co-housing groups.

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Schools Breakfast Club - 19th September

Date: 19 Sep 2017

Venue: Wrigleys Solicitors, 19 Cookridge Street, Leeds, LS2 3AG

Speaker: Lisa Armstrong, Chartered Educational Psychologist at Evolution Psychology Ltd

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Breakfast Briefing - 17 October

Date: 17 Oct 2017

Venue: Radisson Blu, Leeds

Speaker: Dr John McMullen, Partner at Wrigleys Solicitors

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Annual Charity Governance Seminar 2017

Date: 19 Oct 2017

Venue: Hilton City Leeds

Speaker: Sarah Atkinson , Julia Unwin CBE

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