Areas of Law / Property

My mother signed over her house to my brother and I four years ago, just before she went into a nursing home. We’re wondering whether we are now entitled to sell the house?

When someone goes into a home funded by the local authority an assessment is made of their ability to pay. As you’re probably aware, anyone with more than £20,500 receives no help with the fees. The value of the person’s house is included in the equation, so the assessment team will look into its ownership. If they decide there was an intentional deprivation of assets – in other words that it was given away to avoid care home fees – the local authority can refuse to pay the fees. If no such decision was made in your mother’s case there’s nothing to prevent you selling the property.

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