One of the most common concerns we hear at Castle Family Legal is: 'Could my home be sold to pay for care?' The answer depends on your circumstances, but proper planning can help protect your property.
In 2026, the local authority means test threshold in England remains at £23,250 for capital assets. If your total assets (including property, savings, and investments) exceed this, you'll be expected to fund your own care.
However, your home is disregarded from the means test if a qualifying person still lives there — such as your spouse, a dependent child, or a relative aged 60 or over. This protection only applies while the qualifying person remains in residence.
The government's proposed care cap at £86,000 (originally planned for October 2025) has been further delayed. In 2026, there is still no cap on the total amount you may have to pay for care over your lifetime.
A Property Trust Will can provide protection by severing joint ownership and placing your share of the property into trust on your death. Your surviving partner retains the right to live in the property, while your share is ring-fenced for your beneficiaries.
It's important to note that deliberately giving away assets to avoid care fees (known as 'deprivation of assets') is illegal and the local authority can challenge such transfers. Planning must be done early and for genuine reasons.
At Castle Family Legal, we help families understand their options for protecting their property. We'll recommend strategies that are both effective and legally sound. Contact us for a free consultation.
