Can I protect my home against care fees?
Many families are watching their inheritance disappear whilst a family member is paying for care home fees.
So long as the property is not sold, severing the joint tenancy and creating a Trust with the Wills is a simple, effective and, non-contentious means of being able to plan for future care home fees.
Severance of Tenancy
Most Properties are held as joint tenants. When you sever the Tenancy Joint ownership still exists. It now means that each person’s share is legally shown i.e 50% each and is known as the beneficial interest. You do not need the other parties consent to do this on a jointly owned property. It is your right. It does not make any difference to selling or buying but enables tax planning. For example couples, whether married or living together as partners, and with children from previous relationships might also want to consider leaving a share in the house to their children from that previous relationship. This is usually held in trust and the new partner is given a legal write in the Will to live in the Partners share for the rest of his or her life.
How can severing the tenancy protect my home?