I wonder if anyone can help as I can't seem to find the answer anywhere.  Dad (88) has dementia and is going into a care home and Mum (84) is living in the family home.  She wants to move to a house/flat more suitable to her needs, but is worried that, if she sells the family home, the proceeds will need to go towards the cost of Dad's care home fees.  Does anyone know what the rules are on this?

Well, they own half-and-half, don't they? So half of all that they own is hers anyway.

However, the rule, as I understand it, is that if a spouse over 60 is living in the family home then this is disregarded.  There are leaflets on this topic - have a look on HtA's homepage.

Be careful, Martha. Social Services will want to look in detail at your Dad's assets. They will also try to look at your Mum's, though they have no right to do so. If your Mum moves into a cheaper property, they may well take half of the "profit" for care fees.

There are clear rules about this, but you may need to get some legal advice, as Social Servies have been known to make up their own rules!

Thanks for your reply MargaretClare.  Unfortunately it seems the house is in Dad's name only. but thanks for the pointer to HtA

Thanks Gerry.  It has been difficult to find any clear rules around selling the family home for Mum to buy another property, but knew they must be out there somewhere.  I guess legal advice is the way to go.

The house in Dad's name only - yes, that's the case in a lot of marriages of that generation.  It doesn't alter the principle, though.  A short consultation with a family solicitor may help and may be worth the money. Your mother has rights by virtue of the fact that she is married to your Dad, regardless of whose name is on the deeds.

Put it this way: in the case of a divorce, the starting-point for a split of assets is 50/50.  I can't remember the legal terms, but a married person has rights just because of being in that marriage.  There is a legal way of putting it! The CAB may be another helpful resource.

HTH