Care Fees and a Jointly Owned Home: Is a Spouse Protected?

By CareFinder Team · Published 2026-06-30 · Last reviewed 2026-09-18

In England, a home is ignored in the care means test for as long as the resident's spouse or partner still lives there, so the spouse's home and share are safe while they remain. If no one protected lives there, the council counts only the resident's own share, valued at what a willing buyer would pay for it, which can be very little or nothing. A spouse never has to pay from their own money.

If your husband, wife or partner still lives in the home you jointly own, its value is ignored in the care means test for as long as they live there. So the spouse's home and share are not at risk while they remain. If the home is later counted, the council can only count the resident's own share, and that share is valued at what someone would actually pay for it.

This guide covers England. Scotland, Wales and Northern Ireland have their own rules but similar protections for a partner who stays at home. It is general information, not legal advice.

How does the means test treat couples?

The council assesses only the person who needs care. The Care and Support Statutory Guidance is direct: a local authority has no power to assess couples according to their joint resources, and each person must be treated individually. A spouse cannot be made to pay for their partner's care from their own savings or income.

The resident's own capital is then compared with the limits for England. For 2026/27, the DHSC charging circular keeps the upper limit at £23,250 and the lower limit at £14,250.

What about joint savings?

Jointly held savings are usually split equally between the owners, unless there is evidence that the shares are unequal. Only the resident's share counts.

When is the jointly owned home ignored?

The home must be ignored while it is the main home of:

• the resident's spouse, civil partner or partner, unless they are estranged;
• a relative aged 60 or over;
• a relative who is incapacitated;
• the resident's child under 18.

For this mandatory disregard, the person must have lived there since before the resident moved into the care home. The council can also use discretion to ignore the home in other situations, such as where a carer lives there.

If no one protected lives in the home, it is still ignored for the first 12 weeks of a permanent stay.

How is a share of the home valued?

If the home is counted, the council values the resident's beneficial interest, meaning their right to a share of the proceeds, not the whole property.

Age UK's factsheet on property and care explains that the valuation must be based on what a willing buyer would pay for that share on the open market. The council should not simply take the value of the house and divide it by the number of owners. A share in a home that another owner lives in, and which a buyer could not easily force to be sold, may be worth much less than a simple fraction of the house. In some circumstances it can be worth nothing.

What matters includes:

• why the property was bought, for example as a home for both owners;
• whether the other owner still lives there;
• whether a buyer could realistically get a court to order a sale.

If the council values a share as a straight half of the house without considering this, ask for a proper valuation of the share and challenge the decision in writing.

Joint tenants and tenants in common

In England and Wales, people own property jointly in one of two ways:

• Joint tenants own the whole property together. When one dies, the survivor automatically owns it all.
• Tenants in common each own a defined share, which can be left to anyone in a will.

The type of ownership does not change the protection while a spouse lives there, but it affects what happens when one owner dies.

What happens to income?

Income is assessed for the resident only. Where the resident pays at least half of a private or workplace pension to a spouse or civil partner they no longer live with, the council must ignore 50% of that pension in the assessment. This helps the spouse at home avoid hardship. Ask the council to check the calculation carefully.

Can we use a deferred payment agreement on a jointly owned home?

Yes, if the home counts and the resident meets the criteria. The council takes a legal charge over the property. With joint ownership, all owners must consent and sign, and the co-owner must agree not to object to a sale to repay the debt. Take advice before agreeing, particularly if the co-owner plans to stay long term.

Can we transfer the house into the spouse's name?

Be very careful. Transferring the resident's share to a spouse or child could be treated as deprivation of assets if avoiding care charges was a significant reason. There is no seven-year rule for care fees.

It is also often unnecessary: while the spouse lives in the home, it is already ignored.

Does a will matter?

Yes. Some couples own their home as tenants in common and leave their share in trust in their wills, so that the surviving spouse can stay in the home but does not own the whole property. If the survivor later needs care, only their own share belongs to them. This is ordinary estate planning, but it has to be set up properly, and ideally long before care is needed. Speak to a solicitor who specialises in wills and later-life planning.

For tax, gifts and bequests between spouses and civil partners are generally free of inheritance tax, so planning between spouses is usually about care and control rather than tax.

Frequently asked questions

Can the council make my wife sell our home to pay for my care?

No. While she lives there as her home, its value is ignored completely. The council assesses only your own income and capital.

Do I have to pay for my husband's care from my savings?

No. Councils cannot assess couples on their joint resources. Only the resident's own money counts, including their share of any joint accounts.

Is half of our house counted if my partner moves out later?

If no qualifying person lives there any more, the resident's share can start to count, after a 12-week disregard in some circumstances. It should be valued as a share that a willing buyer would pay for, not simply half the house.

Our daughter co-owns the house with Mum. What happens?

Mum's share is valued on what a buyer would pay for it. If the daughter lives there and is aged 60 or over, or incapacitated, the home is ignored. Otherwise the council may use its discretion, so ask.

Should we change from joint tenants to tenants in common?

It can be sensible estate planning, but it does not protect against care fees on its own and timing matters. Get advice from a solicitor before changing ownership.

Key takeaways

• A jointly owned home is ignored while a spouse, partner or qualifying relative still lives there.
• Councils assess the resident alone; a spouse's own money cannot be counted.
• If the home counts, only the resident's share is valued, at what a willing buyer would pay for it.
• A pension disregard can protect income for a spouse at home.
• Transferring a share to avoid fees risks being treated as deprivation of assets.
• Take legal advice on ownership, wills and any deferred payment agreement.