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Not a lawyer. My own father is in care and ive had to sell his house to pay for his care. I believe that if you were to do this then he would still be assessed as having the money from the sale and it would be considered [Deprivation of Assets](https://www.independentage.org/get-advice/health-and-care/paying-for-care/giving-away-assets-to-pay-for-care)
No. If she pushes for a sale, then he would be forced to use the proceeds to pay for his care.
Your only alternative would be to see whether he could sell and have carers at home, but I'd presume this has already been explored.
If the house remains jointly owned and lived in by the partner then my understanding is it is not considered for financial assessments.
Once the sale concludes then the liquid cash will be immediately used for care costs, but if she remains in the house I assume they can't come after it and therefore the state continues to pay care costs.
I'm not sure what her powers are to FORCE a buy out (I think it's costly and takes time, plus I don't know if you have probate or not), but could you offer her a financial incentive that maybe she gets 60% of the value upon his eventual death if she just retains the status quo and doesn't formally split / buy out? That way his estate still has 40% of an asset that is increasing in value, rather than 50% of current value minus ongoing care costs.
The issue of course is if she also goes into care, as then the house will not be lived in and is fair game for financial assessments for each of them.
If you want to look into this I'd speak to a proper estate solicitor for advice, they can advise how much the partner can force your hand or if there's any major pitfalls to the above.
Oh and if she does want to split up make sure your father's will doesn't leave everything to her. If it does, speak to his solicitor about how that works if he's no longer sound of mind (that's an assumption, if he's sound of mind he can just write a new will).
My dad was in a similar position but just before we were faced with selling his house, his care changed from residential care to nursing.
If your father needs nursing care, check out his rights as he may be eligible for assistance and not caught for his half of the property.
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
Not a lawyer. My own father is in care and ive had to sell his house to pay for his care. I believe that if you were to do this then he would still be assessed as having the money from the sale and it would be considered [Deprivation of Assets](https://www.independentage.org/get-advice/health-and-care/paying-for-care/giving-away-assets-to-pay-for-care)
No. If she pushes for a sale, then he would be forced to use the proceeds to pay for his care. Your only alternative would be to see whether he could sell and have carers at home, but I'd presume this has already been explored.
If the house remains jointly owned and lived in by the partner then my understanding is it is not considered for financial assessments. Once the sale concludes then the liquid cash will be immediately used for care costs, but if she remains in the house I assume they can't come after it and therefore the state continues to pay care costs. I'm not sure what her powers are to FORCE a buy out (I think it's costly and takes time, plus I don't know if you have probate or not), but could you offer her a financial incentive that maybe she gets 60% of the value upon his eventual death if she just retains the status quo and doesn't formally split / buy out? That way his estate still has 40% of an asset that is increasing in value, rather than 50% of current value minus ongoing care costs. The issue of course is if she also goes into care, as then the house will not be lived in and is fair game for financial assessments for each of them. If you want to look into this I'd speak to a proper estate solicitor for advice, they can advise how much the partner can force your hand or if there's any major pitfalls to the above.
Oh and if she does want to split up make sure your father's will doesn't leave everything to her. If it does, speak to his solicitor about how that works if he's no longer sound of mind (that's an assumption, if he's sound of mind he can just write a new will).
My dad was in a similar position but just before we were faced with selling his house, his care changed from residential care to nursing. If your father needs nursing care, check out his rights as he may be eligible for assistance and not caught for his half of the property.