My partner's going into a care home. Will we lose our house?

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Many people fear that when a husband, wife or partner goes into a care home, the council will sell the family house and leave the other person homeless. In England, that is not how the rules work when a qualifying person still lives there. This page explains the property disregard, what happens when self-funding runs out, NHS Continuing Healthcare, lasting power of attorney, and where to get free help.

The short answer about the house

When the council works out what someone in a care home has to pay, it looks at that person's capital (savings and other assets). The value of their main or only home must be ignored if a "qualifying relative" still occupies it as their main or only home, and has done so since before the person went into the care home. (Care and Support (Charging and Assessment of Resources) Regulations 2014, Schedule 2, paragraph 4; Care and Support Statutory Guidance, Annex B, paragraphs 34 to 37)

A qualifying relative means:

• the person's partner (husband, wife, civil partner or partner), except where they are estranged
• another family member or relative aged 60 or over, or who is incapacitated
• a child of the person who is under 18

The official guidance also includes a former partner or civil partner (unless estranged), and a lone parent who is the person's estranged or divorced partner. "Incapacitated" is not tightly defined, but it is reasonable to treat someone as incapacitated if they get a disability benefit such as Attendance Allowance or PIP, or if their incapacity is similar. (Annex B, paragraphs 34 and 37)

The partner does not have to be 60. The age-60 rule is for other relatives. A husband, wife or partner of any age can trigger the mandatory disregard while they live in the home as their main home.

Whose name is the house in?

People often ask whether it matters if the house is in one name or both. The financial assessment is about the person in the care home, not about you as a couple. (Statutory Guidance, 8.8)

• If a qualifying person still lives in the home as their main home, the council must disregard the value of that home in the assessment — whether the home is in one name or jointly owned. (Schedule 2, paragraph 4; Age UK: do I have to sell my home to pay for care?)
• If the home is not disregarded (for example nobody qualifying lives there), and it is jointly owned, the council should only count the person's beneficial interest — their share of the sale proceeds — not the whole property. (Age UK factsheet 39)

Tell the council, in writing if you can, that you live in the house as your main home. Ask for this to be recorded on the financial assessment.

Discretionary disregard, the 12-week rule, and deferred payments

Discretionary disregard

Even if the mandatory rules do not fit, the council may choose to ignore the home. The guidance says councils should decide each case on its facts. One example is where the home is the main home of someone who gave up their own home to care for the person who is now in a care home. (Annex B; Local Government and Social Care Ombudsman decisions summarise the same example.)

If the relative moved in after the person went into the care home, the mandatory disregard does not apply, but the council still has discretion to disregard. (Schedule 2, paragraph 4(2))

The 12-week property disregard

When someone first moves into a care home permanently, and their other capital (not counting the home) is below the upper limit, the council must ignore the value of the home for the first 12 weeks. This gives time to decide what to do. The same 12-week period can also apply if a property disregard ends unexpectedly because a qualifying relative has died or moved into a care home. (Schedule 2, paragraph 2; Annex B)

Deferred payment agreements

If nobody qualifying lives in the home, and the home's value is counted, the council must offer a deferred payment agreement if the usual conditions are met. That means the council helps with care home fees and is paid back later from the property, often when it is sold or from the estate. Interest and admin fees can apply. A deferred payment is usually not needed while a qualifying partner or relative lives in the home and the mandatory disregard applies. (Statutory Guidance, chapter 9; Age UK)

A warning about giving the house away

You are free to spend your money as you choose. But if the council thinks someone gave away money or property mainly to avoid care charges, it can assess them as if they still had it. This is called deliberate deprivation of assets. The council looks at why the gift was made and whether care needs could reasonably have been expected at the time. Get free advice before transferring a house or large sums. (Statutory Guidance, 8.27 and 8.28; Age UK: paying for a care home)

The financial assessment when savings run low

For April 2026 to March 2027 in England, the capital limits are (GOV.UK charging circular 2026 to 2027):

• Over £23,250: the person usually pays the full cost of their care (self-funding).
• Between £14,250 and £23,250: the council can help, and the person pays from income plus a small weekly amount from savings (tariff income).
• Under £14,250: savings are not counted; the person may still pay from income.

Ask the council for a needs assessment and a financial assessment a few months before savings reach £23,250, so help can start in time. (Age UK) See also our guide to the financial assessment.

• Your money is separate. The council must assess the person in the care home on their own. It cannot treat you as a couple for charging, and it cannot charge you for their care. (Statutory Guidance, 8.8; Age UK factsheet 39)
• Pension half-share. If the person in the care home is not living with their spouse or civil partner, and at least half of an occupational pension, personal pension or retirement annuity is paid to that spouse or civil partner for their maintenance, the council must disregard an amount equal to 50% of that pension income. This does not apply to unmarried partners who are not civil partners. (Charging Regulations 2014, Schedule 1, paragraph 16; Age UK factsheet 39)
• Personal Expenses Allowance. If the council arranges the care home place, it must leave the person with at least £31.80 a week for 2026 to 2027 for personal spending. (2026 to 2027 charging circular)

When self-funding runs out and the home costs more than the council rate

Many people pay privately for a care home that costs more than the council would usually pay. When savings fall towards £23,250, the council can take over meeting eligible needs — but it only has to pay what it would usually pay to meet those needs. The official rules on choice of accommodation and top-ups apply to people who were self-funding and are about to need council help, as well as to people the council places from the start. (Care and Support Statutory Guidance, Annex A; Age UK: paying for a care home)

• The council must show there is at least one suitable care home available at the amount it calculates is needed to meet the person's needs (the personal budget), without a top-up.
• If the person wants to stay in a more expensive home, someone else (a "third party") may need to pay the difference. That is called a third-party top-up. The council should check that the payer is willing and able to keep paying, and explain what happens if the top-up stops.
• If nobody can pay the top-up, and the current home costs more than the council's usual cost, the person may have to move to a home that meets their needs within that cost — unless a reassessment shows their needs can only be met in the current place.

Practical tips:

• When choosing a care home, ask early whether it accepts council funding and what its fees are compared with the council's usual rate for that type of care.
• Contact adult social services a few months before money runs out. Ask for a needs assessment and a financial assessment.
• Tell the council clearly that a partner or qualifying relative lives in the family home, so the property disregard is considered from the start.
• Ask in writing what the council's usual cost is for meeting the person's needs, and whether a top-up would be needed to stay in the current home.

This is a made-up example to show how the rules can work. It is not a real person. Every case is different.

NHS Continuing Healthcare (CHC) stopped or under review

NHS Continuing Healthcare means the NHS pays for all of someone's care if their main need is a health need. It is not means-tested. If CHC is withdrawn, the person may become liable for care home fees again, subject to the council financial assessment and the property rules above. See our guides to NHS Continuing Healthcare and CHC evidence and appeals.

1. Get the paperwork. Ask the Integrated Care Board (ICB) for the Decision Support Tool (DST) and the written reasons for stopping or refusing CHC. You should be given these.
2. Local resolution. Write to the ICB asking for a local review. Do this as soon as you can. Each ICB must publish its own process with timescales, and the decision letter should explain them. Older Department of Health guidance (2012) says to ask no later than 6 months after the decision. Do not wait: if you are near or past that, ask anyway. (National Framework for NHS CHC; DH time limits guidance 2012)
3. Independent review. If you are still unhappy, ask NHS England for an independent review. Use the contact details in the ICB's local resolution letter. NHS England says you then have 6 weeks to return its form. (NHS England: independent review process)
4. Ombudsman. After that, you can complain to the Parliamentary and Health Service Ombudsman. You should usually complain within 12 months of knowing about the problem.

Funding should not be stopped only because needs are well managed in the care home. What counts is the nature, intensity, complexity and unpredictability of the needs. (National Framework)

NHS-funded nursing care

If the person is in a care home that provides nursing, and they are not eligible for full CHC but need care from a registered nurse, the NHS may pay the home a weekly contribution called NHS-funded nursing care. In England from 1 April 2026 the standard rate is £267.68 a week. A higher rate of £368.24 applies only to some people who moved in before 1 October 2007. (NHS: NHS-funded nursing care)

Lasting Power of Attorney and the Court of Protection

Someone needs legal authority to handle the person's money and property if they no longer have mental capacity to do so themselves.

• Lasting Power of Attorney (LPA) for property and financial affairs. This must be made while the person still has capacity, and registered with the Office of the Public Guardian. See GOV.UK: lasting power of attorney and our dementia guide.
• Court of Protection deputy. If there is no LPA and the person has lost capacity, someone can apply to the Court of Protection to be appointed as a deputy for property and affairs. See GOV.UK: become a deputy.

Without one of these, banks and the council may not be able to deal with you about the person's money.

What to do next

1. Contact the council's adult social care team where the person in the care home is (or will be). Ask for a needs assessment and a financial assessment. Use our find your council tool or GOV.UK: find your local council.
2. Say clearly, preferably in writing, that a partner or qualifying relative lives in the family home as their main home.
3. Ask whether the current care home accepts council rates, and whether a top-up would be needed.
4. If CHC was refused or withdrawn, ask the ICB for the DST and reasons, and start local resolution promptly.
5. Check whether there is an LPA, or whether a Court of Protection application is needed.

Free help

• Age UK: paying for care. Free Age UK Advice Line 0800 678 1602, 8am to 7pm, every day of the year.
• Beacon free CHC advice line 0345 548 0300 (named on the NHS website).
• Citizens Advice. Adviceline (England) 0800 144 8848, usually 9am to 5pm, Monday to Friday.
• Independent Age: paying for care. Free helpline 0800 319 6789.
• NHS: when the council might pay for your care
• Official rules: Charging Regulations 2014, Schedule 2, Statutory Guidance Annex B, Annex A (choice of accommodation), and the National Framework for NHS CHC

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Information only. This page explains official guidance in plain English. It is not legal or medical advice. Rules can change. For advice about your own case, contact Citizens Advice or another free adviser.

Where this applies: England. Scotland, Wales and Northern Ireland have different rules.

Written by Social Care Made Easy. Last checked: 31 October 2026.