Residential care costs, divorce and issues regarding the family home

Lucy Bluck Associate Kingsley Napley

When an individual moves permanently into residential care often the first concern for them and their family is how the care fees will be funded going forward. The level of local authority support depends on the individual’s circumstances and a means test will be conducted to assess the level of capital and income they have. Generally if the individual owns their family home solely at the time they are moving into residential care as a starting point the value of that property will be included in that assessment. However if the property is occupied by certain categories of family members or is owed jointly with someone else it could be disregarded.

Where a separation or divorce is added the mix the interlinking legal issues can add a further layer of complexity. Age and disability are factors which are taken into account by the court and a party’s needs may be greater or lesser as a result. The treatment of a family home can be particularly difficult – while...