Mum in care and afraid I will lose my home as jointly owned with her. SCOTLAND law.

[DCGScotland]

My mum is 90 and went into a care home 3 months ago because of her alzheimers. Our house is only a small ex council flat in Scotland that was bought in both names although in reality I took out a loan to pay all of it. It has a survivorship clause in the title deeds as we both wanted to make sure we always had a roof over our heads. I am 51 and unemployed. Mum has about £14000 in savings. Similar houses to mine have in the past sold for £60000 but that was a few years ago and i wouldn't get that now. This is my home and it is all I have. I am so afraid of losing it. I have been told it is likely a charging order will go against it and to be honest I am dreading this as it isn't worth much but to me my little flat is my world and literally all I have. i can't afford to lose any part of it. i am also so scared that i can be forced to sell it and I have no where else to go. I feel like crying my heart out and am considering taking mum back to live with me (out of the care home) although my house is not suitable for her due to a tiny shower room and many steep narrow steps into the house. The last time i looked after her made me so ill I became suicidal but i don't know what to do. PLEASE can anyone help me with advice? I really am desperatley worried!

[Peridot]

Hi DCGScotland,

So worrying for you. Unfortunately I'm not a Scottish law specialist so I think you will need to contact the CAB in Scotland to check any information I'm afraid. Are you living at the property you owned with your mother? I know down here England/Wales, if someone is also living in the property the Council can't force the property to be sold. In addition if you owned the property as Tenants in Common (so each of you have a specific share of the property maybe 50/50) then only the person's share who has had to move to a care facility, would be taken into account when calculating any contribution.

If a charge were placed against the property it would only be realised once the property is sold and if the situation is as above (tenants in common) then the charge could only be taken over that share of the property not the whole amount.

Do seek some specialist Scottish legal advice from someone like CAB or a specialist lawyer who deals with care home fees (often they attached to the wills and probate departments) to help put your mind at rest. Hopefully you now have some queries that you can raise with them.