House sale, implications etc


I could use a little advice. My Mum was self funding in a care home until recently when her money ran out and the council took over the payments. They were unable to touch the house she owns jointly with my Dad because he still lives there.

However, he is getting frailer, so my Wife and I have made the decision to move to a bigger house and take him to live with us. (He is of course in full agreement.) My understanding is that when this happens, the house must be sold and then my Mum becomes self-funding again. The question is do the proceeds from the house get split 50/50 between Dad and Mum?
Are there any other aspects we need to consider?

Many thanks.

If both their names are on the Deeds to the house, then yes; if only one name is on the Deeds, then that person owns the whole house.

My mum and dad’s house was in dad’s sole name, so be sure to check the deeds. SSD might have a surprise!!

It is up to mum and dad whether their financial assessment is individual or joint. Their choice, not SSD’s.
Whose money has been paying for the care? Were your parents told about the choice?
If it was in dad’s name only claim it all back!!!

I made SSD repay £8,000 because they hadn’t applied the rules properly!!

I haven’t read all this, but just because one person’s name is on the deeds doesn’t mean the other spouse owns nothing. On the face of it the husband may own, but in equity, depending on contributions to the marriage (not necessarily financial), the percentage of ownership may be different.
However, it may be that the local authority assumes the name on the deeds is the 100% owner, I have no experience of that.