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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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Wrigleys' prominent private client department grows with two solicitors who have a wealth of experience in the private client sector

Our newest Private Client Solicitors, Aurea Kevill and Richard Whittaker, talk Wrigleys, relocation from London and Yorkshire Wolds Way

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Why voluntarily register your land at the Land Registry?

A dispute between a 74 year old farmer and the Church of England has highlighted the benefits of voluntarily registering land at the Land Registry.

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Converting your charitable company to a CIO

What are the possible pros and cons of using the new process to convert your charitable company to a CIO?

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Employment Law Update for Charities 2018

Date: 26 Jun 2018

Venue: Hilton Leeds City, Neville Street, Leeds

Further information

Employment Breakfast Briefing - 7 August 2018

Date: 07 Aug 2018

Venue: Radisson Blu, Leeds

Further information

Employment Breakfast Briefing - 16 October 2018

Date: 16 Oct 2018

Venue:

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