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Do you have to sell your home if your partner needs to go into care?

Inside: Do you have to sell your home if your partner needs to go into care?. Collaborative post.

The thought that you or a loved one may no longer be able to live in the home you share and must move into a care home is never a cheery one, let alone how you might pay for said care. However, planning ahead is invaluable to ensure there are no nasty surprises down the line and that you know the cost implications based on your own personal circumstances. 

When it comes to meeting the costs of care fees, you are likely to have to contribute financially, although the amount of your contribution is dependent on both the type of care you need and the assets that you have. This includes any income such as a pension, savings, stocks and shares or property. There are also different arrangements in place across the UK in terms of contributions to care. 

Currently, there are plans in place to reform social care in England. This should allow for a ‘cap’ of £86,000 that an individual would need to spend on personal care costs over their lifetime and increase the capital thresholds for means-tested social care funding. However, following a U-turn from then Chancellor Kwasi Kwarteng in September 2022, the government announced a delay to the social care reforms from October 2023 to October 2025 in the  Autumn Statement on 17 November 2022. This means until October 2025, the current funding rules apply.   

Current funding arrangements 

Once your local authority has made an assessment of needs to determine the level of care which is required, they will undertake a financial means test based on the following thresholds.

Thresholds for receiving help with care costs 

UK Region Threshold
England£14,250 – £23,250
Wales£24,000 (care at home) £50,000 (residential care)
Scotland £20,250 – £32,750
Northern Ireland £14,250 – £23,250

Anyone with assets which amount to less than the lower threshold in their region will receive the maximum support available from their local authority to provide an adequate level of care. Their assets will not be used towards the costs of care, just any income they receive, such as a pension.

If your assets are worth more than the top threshold in your region you will have to self-fund your care until such time as your assets have been depleted below the top threshold. 

For anyone with assets valued between the higher and lower thresholds, financial support will be received on a sliding scale. Currently, for every £250 of your capital, you will need to contribute an extra £1 per week to the cost of care. This is in addition to the contribution from any income you receive.

If you or a family member live in your home alone, then unfortunately it will be considered as part of your assets when the local authority undertakes their means test. This is unless only a short-term or temporary visit to a care home is required – such as for respite purposes – in which case the home is not included in the means test. 

If your home is included as part of the means test, the local authority can only do so after you have been in care for 12 weeks, so that you have chance to consider your options.

For instance, there is the option of a deferred payment agreement with the local authority, which means they will pay for the costs of your care and then recoup the cost when you a) sell your home or b) pass away. During the first 12 weeks of your care, you will be eligible for assistance with care fees if the rest of your assets amount to less than £23,250.

More details on the different options available when it comes to paying for care, whether it be residential or nursing care, can be found at https://www.yopa.co.uk/homeowners-hub/paying-care-home-options/  

Will I need to sell my home if my partner goes into care?

If you live in your home with your spouse or partner and one of you needs to go into care, then, reassuringly, the remaining partner has the right to continue living in the home you share and cannot be forced to sell the property to pay for care home fees. 

This applies to all unions, whether it be spousal, a civil partnership or an unmarried one if the remaining partner occupies the property as their main and only home and has done so prior to the care home admission. 

When it comes to other people who may be living in your home, if any of the following applies then they are also classed as a dependent who has the right to live in your home indefinitely without having to sell it to pay for care home fees. 

  • a close relative who is over 60. 
  • a close relative aged under 60, who is disabled or incapacitated.
  • a close relative for whom you are legally responsible who is under the age of 18. 
  • your ex-spouse or partner if they are a single parent.