Any lawyers about?

Paddyw01 · 14 Oct 2011 at 17:49

Hey guys,

I have a peculiar question to ask. I was talking to my friend the other day, and he wondered how the law views his parents who are still legally married, but have been living in separate homes for the last ten years or so.
He says his parents still get on, but he asked me if the law views both homes as the marital home, or just one. If it's just one, then which?

Thanks for any help.

Ahleckz · 14 Oct 2011 at 18:01

Been a while since I did family law, but I think that if there hasn't been a house that was intended to be a marital home then one does not exist. I imagine that because of the 10 years of separation will come into play and void any available rights or fact that a marital home exists.

Who owns which house?

Paddyw01 · 14 Oct 2011 at 18:05

Lovely. He'll be very happy to receive those news.

Well one parent owns one, and the other parent owns the other. He's really concerned that if, theoretically, both parents are forced into care, then he'll be made homeless. Any advice?

franco_22 · 14 Oct 2011 at 18:52

Do they have children under age? If not then he wouldn't really lose anything, at worse everything will be divided 50/50 but since they already do that any way then surely it shouldn't be much of a problem for him.

Paddyw01 · 14 Oct 2011 at 19:17

franco_22 said:
Do they have children under age? If not then he wouldn't really lose anything, at worse everything will be divided 50/50 but since they already do that any way then surely it shouldn't be much of a problem for him.

Forgive me Franco, but I don't understand what you mean. He tells me he's in his parents' wills as being the sole beneficiary of both homes, so if they (both his parents) are taken into care, then he does stand to lose everything, does he not?
Furthermore, he tells me that his father is planning to buy him a flat as a gift, but I've heard that they can still claw back at it, even though it was a gift.
Also, neither one has a child under the age of 16.

Ahleckz · 14 Oct 2011 at 19:36

Paddyw01 said:
Forgive me Franco, but I don't understand what you mean. He tells me he's in his parents' wills as being the sole beneficiary of both homes, so if they (both his parents) are taken into care, then he does stand to lose everything, does he not?
Furthermore, he tells me that his father is planning to buy him a flat as a gift, but I've heard that they can still claw back at it, even though it was a gift.
Also, neither one has a child under the age of 16.

If his parents are taken into care, then he will be in charge of their estate. Who do you think the houses will go to?

pieplough · 14 Oct 2011 at 19:37

Paddyw01... I'm no lawyer... but ill tell you one thing. Don't listen to Ahleckz

Ahleckz · 14 Oct 2011 at 19:41

pieplough said:
Paddyw01... I'm no lawyer... but ill tell you one thing. Don't listen to Ahleckz

Ignore him, he came onto me once and I rejected him. It was kind of my fault, the pink shirt told him I was a poofter, but I am not. He's bitter and not over me yet. It's flattering in a way, but when he hangs outside my window it's a bit scary.

pieplough · 14 Oct 2011 at 19:44

Ahleckz said:
Ignore him, he came onto me once and I rejected him. It was kind of my fault, the pink shirt told him I was a poofter, but I am not. He's bitter and not over me yet. It's flattering in a way, but when he hangs outside my window it's a bit scary.

I seem to remember it being the other way round :confused:

Paddyw01 · 14 Oct 2011 at 20:15

Now now ladies, calm down. I'm sure you guys can have some bum action tonight, or am I going to get banned for that comment?

Anyways, back on topic, but can you guys, or can anyone offer any help and advice? My friend is kinda worried.

Paddyw01 · 14 Oct 2011 at 21:47

Anything?

Strife212 · 14 Oct 2011 at 21:50

Why on earth would he be homeless? He'd own both houses.

Meridian · 14 Oct 2011 at 21:55

Paddyw01 said:
Well one parent owns one, and the other parent owns the other. He's really concerned that if, theoretically, both parents are forced into care, then he'll be made homeless. Any advice?

Buy his own house?

M

Pestilence · 14 Oct 2011 at 22:01

I'd assume it will depend on his parents' whims. Being next of kin, I would assume that in the event either of them are taken into care he will be in charge of the estate. He will not be made homeless.

Paddyw01 · 14 Oct 2011 at 22:12

Strife212 said:
Why on earth would he be homeless? He'd own both houses.

Sorry but how would he own both house? Ok, one house belongs to one parent, whilst the other belongs to the second parent. Thus, my friend doesn't own anything. His parents do.

Meridian said:
Buy his own house?

M

His father is planning to spend the money he has inherited to buy my friend, his son, his own house, as he doesn't want his son to have a burden of a mortgage. Ultimately, it's their money, so there's nothing wrong with that.

Moses said:
When people go into care homes, their houses don't magically get stolen. You seem to think that them going into care = their houses being seized by the state?!

Ok, I have been told by a solicitor that if someone has more than £23k in assets, which my friend's parents do, then if the local authority deems that they are too unfit to take care of themselves, then they can force them into a care home. The LA then places a charge of x many hundreds of thousands of pounds on their home, therefore essentially meaning that the parties in question have to sell their homes.
The LA don't drag them into a home literally, but it's more indirect.

Paddyw01 · 14 Oct 2011 at 22:17

Pestilence said:
I'd assume it will depend on his parents' whims. Being next of kin, I would assume that in the event either of them are taken into care he will be in charge of the estate. He will not be made homeless.

Apparently not if they have assets over £23k. The problem is that because it's such a complicated situation in the eyes of the law, the marital home is disregarded when it comes to assess whether someone is able to fund their own costs of care, but which would one be legally seen as the marital home?

Besides, suppose his father buys him a house, then that house will be treated as still being owned by his father, therefore meaning that it can be used to fund their care costs.

Morgoth · 14 Oct 2011 at 22:32

My parents had their house put into a trust to avoid the house being sold to pay for fees should they need to go into care. Might be something your friend could think about.

Paddyw01 · 14 Oct 2011 at 22:44

Morgoth said:
My parents had their house put into a trust to avoid the house being sold to pay for fees should they need to go into care. Might be something your friend could think about.

Fantastic suggestion Morgoth!! I have looked into trusts as I see my friend worry day in, day out, but which trust are you specifically referring to?

Thanks.

Morgoth · 14 Oct 2011 at 22:53

Paddyw01 said:
but which trust are you specifically referring to?

Thanks.

Couldn't tell you, it was drawn up by a solicitor.

Morgoth · 14 Oct 2011 at 22:53

Moses said:
Do they still live in it? Don't they have to pay a commercial rent to get around everything, if they still use it?

No.