Quote Originally Posted by IanD View Post
RSCD was suggesting a way round not losing a property to pay for care. Yes, it's logical (and easy to sort out) if a surviving spouse owns 100% of the property. If one partner dies, according to the terms of their will, children could inherit 50% in equal shares. Then it gets complicated. Even before the death of the surviving spouse, child A might want to sell, child B and C might want to live there. Exacerbated further if surviving spouse dies and only 2/3 children are executors of the will which may or may not entitle 3 (for example) children to the remaining 50%. 2 of the offspring can then decide the fate of the house. Depends on how the will is written. Houses have been known to be left empty (and who pays for maintenance?) whilst children wrangle over what to do with it. Family politics. One reason dad's house was sold. Keep it simple. No room for argument.
As for care costs. If the remaining spouse goes into care with children owning 50% of the property, I think, the property is protected but could be subject to deferred payment to pay for their care until the remaining spouses' assets decline to the minimum allowed. Easier to sell up IF part owners agree. RSCD ....is this correct?
Yes - the last part is correct, in that the property is protected, although potentially a charge from the LA could be put against the surviving spouses' 50%

You are also right about it being a nightmare (plus other tax complications) for a house to be owned 50% by widow and the rest amongst the children. Aside from any issues about wanting to sell, if someone gets divorced, what was mum & dad's home would be part of the settlement!!!

More common would be to use a Trust - that's what we do for our clients. Simply put, when one partner dies, their half of the house goes in Trust for the children, however the condition is that the surviving spouse lives there (rent free) for the rest of their life. The children don't have any control / access until both parents die. This solves any tax issues, and it's not part of the estate of the children in the event of family breakups, bankruptcy etc.