Can my son or daughter keep living in my house if I go into care?

Sometimes, but it is not automatic. In England, a council must ignore the value of your home when working out care home fees if a qualifying relative lives there, including a son or daughter who is aged 60 or over or incapacitated. A healthy adult child under 60 does not trigger this protection, although the council has discretion in some cases.

At a glance

• A relative aged 60 or over, or incapacitated, who has lived in the home as their main home since before you entered a care home, protects it from the means test.
• Otherwise your home is ignored for the first 12 weeks of permanent care, then counted.
• Councils can choose to disregard the property in other cases, for example for someone who gave up their own home to care for you.
• A deferred payment agreement can delay a sale if your home is counted and your other assets are £23,250 or less.
• Giving the house to a child to avoid fees can be treated as deprivation of assets, so take independent legal advice first.

What do the rules say about a relative living in your home?

When a council means-tests a permanent care home place, it normally counts the value of the home you used to live in. Regulations made under the Care Act 2014 list the exceptions. One is a property occupied by a qualifying relative as their main or only home, where they have lived there continuously since before you entered the care home.

The statutory guidance defines a relative widely. It includes a son or daughter (including adoptive, step-children and in-laws), a parent, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece, and the spouse or partner of several of those. To count, the relative must be aged 60 or over or incapacitated.

What counts as incapacitated?

The guidance does not define it closely. It says it is reasonable to conclude a relative is incapacitated if they receive a disability-related benefit such as Attendance Allowance, Disability Living Allowance, Personal Independence Payment or incapacity benefit, or if their condition is equivalent to that needed to qualify for one. Medical or other evidence may be needed.

What if your son or daughter is under 60 and not disabled?

Then the value of the house is usually counted once the 12-week disregard ends, even though a child still lives in it. Councils do have discretion. The guidance gives the example of someone who gave up their own home to care for the person now in the care home, or the elderly companion of the person, as cases where a disregard may be appropriate.

That discretion has limits. The guidance says councils must balance it against making sure assets are not kept at public expense. Keep records of when your child moved in, why, and what happened to any home they gave up. Our guide to the 12-week property disregard sets out the timing.

What if your son or daughter moves in after you enter care?

The mandatory protection needs the relative to have lived there since before you moved into the care home. A later move is a matter for the council’s discretion. The guidance says the purpose of the disregard is to protect certain people from homelessness, and the council will weigh factors such as the timing and purpose of the move.

It gives questions councils may ask, including whether the relative lived elsewhere as their main home at the time of the previous financial assessment, and whether leaving them without the property would make them homeless or harm their health and wellbeing. It also says a disregard would not be appropriate where someone moves in only to protect the family inheritance. Councils also look at evidence of occupation, such as where the relative pays Council Tax, is registered to vote, or is registered with a doctor.

How do the 12-week disregard and deferred payments help?

When you first become a permanent care home resident, the council must ignore the value of your home for 12 weeks. It is time to plan, not a permanent protection. The same 12-week period can apply when another disregard ends unexpectedly, for example if the relative living there dies or moves into a care home.

If your home is counted and your other assets, such as savings, are £23,250 or less, you may qualify for a deferred payment agreement (DPA). The council pays the fees now and recovers the money later, usually from the sale of the property, secured by a charge on it. Interest and administration charges can add to the debt. A DPA is not available in the same way where the home is disregarded. Read deferred payment agreements explained and our guide to selling a house to pay for a care home.

Can you sign the house over to your son or daughter?

It is risky. The council can treat you as still owning an asset if you deliberately gave it away to reduce what you pay for care. The statutory guidance lists transferring title deeds, making a gift and placing assets in an irrevocable trust among the common ways this happens.

Councils look at motive and timing: whether avoiding care charges was a significant reason, and whether you could reasonably have expected to need care when you made the transfer. The guidance sets no fixed number of years. If a council decides deprivation took place, it can charge you as if you still owned the asset, and it can recover the difference from the person who received it, up to the benefit they gained. See deprivation of assets and the 7-year rule.

What should you do now?

1. Work out who owns the property and in what shares. Only your beneficial share counts, so a jointly owned home is treated differently. See jointly owned property.
2. Write down who lives in the house, their dates of birth, how long they have lived there, and whether they receive disability benefits.
3. Ask the council in writing how it will treat the property, and request a disregard where your relative qualifies or the circumstances are unusual.
4. Do not transfer the house or change its ownership in a hurry. Speak to an independent solicitor, ideally one accredited by Solicitors for the Elderly, and to Citizens Advice.
5. Consider a lasting power of attorney so someone can act if you lose capacity.

If your child is sharing a home with you and may care for you there, the NHS recommends a written agreement about bills and what happens if living arrangements change, drawn up with legal advice. The rules differ in Scotland, Wales and Northern Ireland, so do not assume the England position applies elsewhere.

Frequently asked questions

Can the council make me sell my house if my son lives there?

Not if he is a qualifying relative, meaning aged 60 or over or incapacitated, and has lived there since before you moved into care. Otherwise the house can be counted after 12 weeks, though a deferred payment agreement can delay a sale.

Does it matter if my daughter pays rent or Council Tax?

It can help show the house is her main home, which councils consider alongside where she is registered to vote or with a doctor. It does not by itself create a disregard if she is under 60 and not incapacitated.

Is my home safe if I only own half of it?

Only your beneficial share is counted. If the other owner is your partner living there, the home is ignored. If it is shared with a child, the position depends on who qualifies, so take legal advice.

Will giving my house to my children avoid care fees?

Not reliably. If the council decides you deliberately deprived yourself of the asset to avoid fees, it can assess you as though you still owned it and may recover money from the person who received it.

Who can give independent advice on this?

Solicitors accredited by Solicitors for the Elderly, Citizens Advice and your local council’s adult social care team can each explain how your home will be treated. A solicitor should handle any change of ownership.

Where to get help next

Use the funding checker to see how your savings and home may be treated, or read the care means test explained for the full picture. If your relative also helps with day-to-day care, they may be eligible for a carer’s assessment. You can look at local options through find care.

Sources

• GOV.UK: Care and support statutory guidance (Annex B, Annex E and chapter 9)
• legislation.gov.uk: Care and Support (Charging and Assessment of Resources) Regulations 2014, Schedule 2
• NHS: Sharing your home, advice for carers

Reviewed by The Care Panel team on 9 November 2026. This guide is general information about care in England, not legal, medical or financial advice. Rules and rates change; check with your council or an adviser before making decisions.