What Happens to Your Home If One of You Needs Care?
- Mar 27
- 3 min read
For many couples, putting mirror Wills in place feels like a responsible and complete step. It offers reassurance that everything will pass to the surviving partner and, ultimately, to the family.
But beneath that simplicity lies a critical gap, one that often only becomes visible much later, when it’s far harder to fix.
The issue isn’t the Will itself. It’s how the property is owned.
Most couples hold their home as joint tenants, meaning that when one person dies, their share of the property automatically passes to the survivor. This transfer happens outside of the Will entirely. In effect, the Will has no say over what happens to the property on first death.
At that moment, what was once a jointly owned asset becomes solely owned by the surviving partner. The planning stops there.
And that’s where the vulnerability begins.
When Care Becomes the Turning Point
If the surviving partner later requires long-term care, the full value of their estate, including the property, may be assessed to fund those costs.
As of March 2026, the financial thresholds in England mean that anyone with assets above £23,250 is expected to fund their own care. As assets reduce below that level, support begins to taper in, and once they fall below £14,250, care becomes fully funded.
However, the reality for many families is not just about thresholds, it’s about erosion.
As assets drop below £23,250, the local authority can take control of income streams, including pension income, leaving the individual with just £24.95 per week for personal expenses. Over time, what may have been a lifetime of savings, often tied up in the family home, is gradually depleted.
By the end, it’s not uncommon for only a fraction of the original estate to remain.
A Different Way to Structure Ownership
What many people don’t realise is that this outcome is not inevitable.
With the right planning, it’s possible to change how the property is owned, and, in doing so, change how it is treated later.
By severing a joint tenancy and moving to a tenants in common arrangement, each partner owns a distinct share of the property, rather than the whole jointly. This distinction is subtle, but powerful.
It allows each person to decide, through their Will, what happens to their share.
Introducing the Protected Property Trust
This is where a Protected Property Trust (PPT) comes into play.
Rather than leaving everything outright to the surviving partner, each individual’s share of the property is directed into a trust upon their death. The surviving partner still retains the right to live in the home for the rest of their life, maintaining security and stability.
But crucially, ownership of that share has changed.
It is no longer part of the survivor’s estate in the same way.
Why This Matters
If care is needed later, only the surviving partner’s share of the property is typically considered in any financial assessment.
The other share, already placed into trust, sits outside of that calculation.
The difference can be significant.
Instead of the entire property being exposed to care fees, only a portion is at risk. For many families, this can mean preserving a substantial part of the estate that would otherwise have been lost.
Not a One-Size-Fits-All Solution
Of course, no single strategy works for everyone.
Property trusts and changes in ownership must be approached carefully, with full consideration of personal circumstances, family dynamics, and long-term intentions. Done incorrectly, they can create complications rather than solutions.
But when structured properly, they offer a level of protection and control that standard mirror Wills simply do not provide.
Seeing the Bigger Picture
Estate planning is often thought of as something that happens after death, a way of passing assets on.
In reality, it’s just as much about protecting those assets during life.
Understanding how your home is owned, and how that ownership interacts with future risks such as care fees, is a crucial part of that process.
Watch the Full Explanation
In the video below, we explain this in simple, practical terms and walk through how the structure works step by step.
Need Advice?
If you’re unsure whether your current arrangements offer enough protection, it’s worth taking a closer look.
A small structural change today could make a significant difference to what your family receives tomorrow.
