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Protecting Your Home from Care Home Fees

Worried about losing your home to care costs? Learn how trusts, joint ownership, and proper planning can help protect your property for your family.

11 min read
Published 20 March 2026
Updated 20 March 2026
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Protecting Your Home from Care Home Fees

One of the most common concerns we hear from clients in Bridlington is: "Will the council take my house to pay for care?" It's a fear that weighs heavily on many families, especially as the cost of residential care in England continues to rise.

The good news is that there are legitimate, legal steps you can take to protect your home — but they need to be done properly and, ideally, well in advance of needing care. This guide explains your options clearly and honestly.

Key Takeaways

  • The local authority CAN include your home's value in their financial assessment for care
  • There are important exemptions — especially if a spouse or dependent still lives there
  • A life interest trust in your Will can protect your share of a jointly owned property
  • Deliberate deprivation of assets (giving away your home to avoid care fees) is illegal
  • Planning early gives you the most options — don't wait until care is needed
  • The 2025 care costs cap has been delayed, so current means-testing rules still apply

How Care Home Fees Work in England

When someone needs residential care in England, the local authority carries out a financial assessment (often called a "means test") to decide how much the person should contribute towards their care costs.

£53,000+

is the average annual cost of a care home in England in 2025

Source: LaingBuisson, 2024

The current thresholds are:

  • Over £23,250 in assets — you pay the full cost of your care
  • Between £14,250 and £23,250 — you contribute from your assets, and the council pays the rest
  • Under £14,250 — the council pays for your care (but you contribute from your income)

When Your Home Is NOT Counted

Your property is excluded from the financial assessment if any of the following people still live there:

  • Your spouse or civil partner
  • A partner (including an unmarried partner)
  • A relative aged 60 or over
  • A relative who is disabled or incapacitated
  • A child under 18 who you're responsible for

In some cases, the local authority may also use its discretion to disregard the property — for example, if a carer who gave up their own home to look after you is still living there.

There are several legitimate strategies that can help protect your property. The right approach depends on your circumstances, your family situation, and when you start planning.

Protection Strategies Compared

Trust-Based Protection
  • Life interest trust protects your share of the property
  • Must be set up through your Will (not during your lifetime for care fee purposes)
  • Surviving spouse can live in the property for life
  • Protected share passes to your children after both partners die
  • Works best for couples who own property as tenants in common
Other Approaches
  • Tenancy in common (not joint tenancy) lets each person own a defined share
  • Deferred payment agreements — council loan secured against your home
  • Equity release — access value without selling (but reduces what you leave)
  • Renting out the property to generate income for care costs
  • Downsizing before care is needed to release capital

The most effective strategy for many couples is a combination of tenancy in common and a life interest trust:

How Life Interest Trust Protection Works

  1. 1

    Convert to tenants in common

    Change your property ownership so each partner owns a defined 50% share (rather than owning the whole property jointly). This is called "severing the joint tenancy."

  2. 2

    Write Wills with life interest trusts

    Each partner's Will leaves their 50% share in a trust for the children, but gives the surviving spouse the right to live in the property for life.

  3. 3

    First partner dies

    Their 50% share passes into the trust. The surviving partner continues living in the home as normal.

  4. 4

    Surviving partner needs care

    Only the surviving partner's 50% share is included in the means test. The other 50% is already protected in the trust for the children.

Interested in Protecting Your Home?

Every family's situation is different. Aaron can explain your options in plain English and help you decide what's right for you. No obligation, no jargon.

Book Free Trust Planning Consultation

What About the Care Cost Cap?

You may have heard about the government's proposed cap on care costs. The plan was to introduce a £86,000 lifetime cap on the amount anyone would need to spend on their personal care. However, this has been repeatedly delayed and there is currently no confirmed date for its introduction.

Even when (or if) the cap is introduced, it only covers personal care costs — not accommodation and food, which make up a significant portion of care home fees. This means the cap alone won't fully protect your home.

Planning Ahead in Bridlington and East Yorkshire

Many of our clients in Bridlington come to us specifically because they're worried about care fees. East Yorkshire has a higher proportion of older homeowners than the national average, and with property values varying widely, the right advice matters.

Whether you own a modest terraced house or a larger family home, the principles are the same: plan early, get proper legal advice, and make sure your Wills are structured correctly.

The best time to plan for care costs is when you don't need care. The second-best time is now.
Aaron JohnsonSafe Harbour Legal

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Frequently Asked Questions

The council cannot force you to sell your home. However, they can place a charge on the property (similar to a mortgage) and recover the costs when the property is eventually sold — typically after the person in care passes away. You can also apply for a deferred payment agreement, which works as a council loan secured against the property.

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