As you plan for later life or help a loved one transition into care, one question often comes up:
“Can my daughter continue to live in my house if I go into care?”
In the UK, the answer depends on your family circumstances, property ownership, and how local councils assess your finances. With rising care costs and complex rules about property, it’s essential to understand how the system works before making any decisions.
This guide will help you navigate the legal, financial, and emotional considerations around keeping your home—and keeping your family together—if you or a loved one goes into care.
Why This Question Matters for UK Families
How Care Home Costs Can Affect Home Ownership
The average cost of a care home in the UK ranges from £700 to £1,200 per week, depending on location and care needs. If you’re not eligible for full financial assistance, your home may be considered an asset that needs to be sold to cover those fees.
What Happens to Your Home When You Move Into Care?
When someone enters permanent residential care, the local authority carries out a means test. If you own a home and no qualifying dependent lives there, the value of that home is included in the financial assessment—potentially leading to a forced sale.
Who Is Most Affected by These Rules?
Families where an adult child lives with the parent, especially if the child has no other accommodation, are at particular risk. It’s vital to know what protections exist and what your options are.
Can My Daughter Continue to Live in My House If I Go Into Care?
What the Law Says About Property and Care Home Fees
In the UK, your house may not need to be sold immediately when you go into care. There are rules that protect certain family members, including daughters, if they meet specific criteria. However, there’s no automatic right for your daughter to stay in the property indefinitely if it’s needed to fund your care.
When Is the House Disregarded in a Financial Assessment?
A property is disregarded (excluded from the care home means test) if your daughter:
- Is over 60 years old
- Is disabled
- Is under 18
- Acts as your full-time carer
If your daughter meets any of these conditions and lives in your home, the property will not be counted in the assessment for care costs.
Can a Child Be Forced to Leave If the Home Is Sold to Pay for Care?
In the UK, a child may not have to leave if the home is protected under care funding rules. The property is not counted in care cost assessments if the child is:
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Under 18
-
Over 60
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Disabled
-
Or has lived there as a long-term carer (discretionary)
If no protection applies, the home could be sold, but local councils may offer a Deferred Payment Agreement, allowing care fees to be paid later—so the child can stay longer.
Always check with the local authority, as each case is assessed individually.
Understanding the Financial Assessment for Care Fees
How Does the Local Authority Assess Your Assets?
The means test looks at:
- Your income (pensions, benefits)
- Your savings and investments
- Your property, if no exempt person lives in it
What Is the Upper and Lower Capital Threshold in the UK?
As of 2024:
| England Capital Thresholds | What It Means |
| Over £23,250 | You pay full care fees (“self-funder”) |
| £14,250–£23,250 | You pay a portion of the fees |
| Under £14,250 | The council covers your fees |
Does Owning a Home Automatically Mean You Pay Full Fees?
Not always. If your daughter qualifies for exemption, or if you receive a 12-week property disregard (temporary grace period), your house may not be counted right away.
Who Can Stay in the Home Without Affecting Care Fees?
Can a Dependent or Carer Daughter Remain in the House?
Yes. If your daughter is your main unpaid carer and lives in your home, the local authority may disregard the property under Section 7 of the Charging for Residential Accommodation Guide (CRAG).
What if Your Daughter Is Disabled, Elderly, or a Minor?
The council must disregard the property if your daughter is:
- Disabled (physically or mentally)
- Aged 60 or older
- Aged under 18
This applies whether or not they are carers.
When Can a Property Be Permanently Disregarded?
A property can be permanently disregarded from care home fee assessments in the UK if it’s occupied by:
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A spouse or partner
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A relative aged 60+
-
A disabled or incapacitated relative
-
A child under 18
These individuals must live there as their main home.
In some cases, local councils may also discretionarily disregard the property—like if a close relative gave up their own home to care for you and has nowhere else to live.
If no permanent disregard applies, there’s still a 12-week disregard when entering care, giving time to consider options.
Gifting or Transferring the Home to Avoid Fees – Is It Legal?
What Is ‘Deliberate Deprivation of Assets’?
If you give away your house or sell it for less than it’s worth to avoid care costs, the council may treat it as deliberate deprivation.
Could Giving Your House to Your Daughter Cause Problems?
Yes. Even if the home is legally in your daughter’s name, the council can still treat it as your asset if they believe it was transferred to avoid care charges.
How Many Years Before Going Into Care Does Gifting Count?
There’s no set time limit, but if you go into care shortly after transferring the house, the council is more likely to challenge it. Even if several years have passed, the motivation behind the gift will be questioned.
What Are Your Options to Protect the Family Home?
Can You Create a Trust to Safeguard the Property?
Placing your home into a protective trust may help, but it must be done with careful legal planning. If the trust is set up with the intention of avoiding care fees, it may still be challenged.
Is Tenancy in Common a Good Strategy for Couples?
Yes. For couples, owning the home as tenants in common and using a life interest trust in your will can protect half the property from care fees if one partner dies.
Should You Seek Legal Advice for Long-Term Planning?
Absolutely. Care fees law is complex and changes regularly. Speak to:
- An elder law solicitor
- A financial adviser with care fee planning experience
Common Scenarios and Their Outcomes
Scenario 1: Daughter Is Living With You as a Carer
✅ If she is your main carer and lives with you, the property may be disregarded. She can continue to live there even if you go into care.
Scenario 2: Daughter Lives in the Home but Pays Rent
❌ If she pays rent but is not a carer and doesn’t meet other criteria, the council may still include the property in the financial assessment.
Scenario 3: You Own the Home Jointly With a Spouse
✅ If your spouse still lives in the home, it is fully excluded from the means test. Your daughter can continue to live there as long as your spouse agrees.
Scenario 4: You Gifted the House to Your Daughter Recently
⚠️ Risky. This may be seen as deliberate deprivation, and the council could still treat the property as yours.
Who Can Stay in the Home and When the Property Is Disregarded
| Who Lives in the Home | Property Counted in Care Fee Assessment? | Can Daughter Stay? |
| Daughter over 60 | No | Yes |
| Disabled daughter | No | Yes |
| Daughter is under 18 | No | Yes |
| Daughter is main carer | Often No (Council Discretion) | Yes |
| Daughter not dependent or carer | Yes | Risk of eviction or sale |
Conclusion: Plan Early, Protect Your Home, and Understand Your Rights
So, can your daughter continue to live in your house if you go into care? The answer is: it depends on her circumstances.
If she qualifies under exemption rules—such as being your carer, under 18, disabled, or over 60—the home is likely to be protected. If not, it may be considered part of your assets and could be sold.
The best approach is to plan early, know your rights, and get professional legal advice. Doing so can help secure both your future and your daughter’s home life.
FAQs About Children Living in a Parent’s Home During Care
Can My Daughter Be Evicted If I Go Into a Care Home?
If the home needs to be sold to pay for care and she doesn’t meet the exemption criteria, yes, she could be forced to leave.
What If I Want to Leave My House to My Daughter in My Will?
You can—but it won’t protect the house from care fees if it’s assessed before your death. A will trust may help in some cases.
How Much Time Does It Take for Councils to Enforce a Sale?
The process can take months, especially if the home is occupied. Councils may allow deferred payment schemes, giving time for a sale or other arrangements.
Will I Ever Be Forced to Sell My Home?
In some cases, yes. But there are many protections depending on who lives in the property and how it’s owned. Always seek advice before assuming the worst.
I’m Laura Wilson, a passionate blogger and content creator with a deep interest in business, finance, and entrepreneurship. I’ve had the opportunity to write for several premium blogs, sharing insights & practical advice for individuals & small businesses. I’m the founder and publisher of ukbusinessmag.co.uk, where I focus on creating valuable, easy-to-understand content to help UK startups & SMEs grow.
