The media have made much hay on people’s concerns for their property should they need to go into a care home. The rules as they currently stand state that if you have assets over £23,250, you will be paying for your own care – the so-called ‘capital threshold’. Most people with a property therefore will be considered as self-funding.

To mitigate this risk, couples can own half each of their residential property. You can then make wills that bypass your spouse and leave your share of the home to your children. Savings and investments can be held in your own name and left to your children.

If one person from a married couple moves into a care home, the local authority will then only assess that person’s assets. So, if their spouse continues to live in the home, you will not have to sell your house.

If, however, one member of a couple has died and the surviving spouse is living in a care home, the local authority will then consider all of the residential property to pay for these costs.

We can advise you on the best way to mitigate these costs. A house, for example, can be placed in a trust or the asset passed to your children.

The main aim would be for a couple to ensure that all assets are divided equally so that the local authority will only consider one-half of your combined worth. This would seek to avoid a distressing and protracted discussion with the local authority.

Couples need to ensure that they register assets in their individual names proactively. Many people consider a trust so that the surviving spouse can still live in the family home. While this is fairly straightforward legally, it relies on the family having an open conversation with us so that we can develop a bespoke solution that meets your individual needs.