Thanks to both Twee and conmankiller for your replies.

It is helpful to 'talk' this situation through. Nothing is urgent, as it is early days in the grand scheme of things and I suppose I am looking at the wording of the 'deprivation of capital' clauses - you know, the 'could be' and the 'may be', and wondering to myself, would it be worth a shot? After all, mum wouldn't be selling it to me to avoid paying for her care - she is doing that to some tune already. She would, bless her, be doing it to help me. I am fully aware, as you probably realize, that it would probably not be seen like that.............it's just all those 'could be's' and 'may be's'..............

Let's see what happens politically!

Thanks to you both.

Hi - As matters currently stand - your potential future problem only arises from the proposed sale at undervaluation, not from your desire to purchase it and move in. If you bought the property at the correct full market value then there would indeed be no plausible future reasoning that the local authority could make....in regards they consider a deprivation of capital has taken place in order to evade paying for her care costs.

If you do purchase her property at undervaluation and her money runs short whilst still in future care, it could be deemed that the house has been sold for less than it was originally worth as a means and with the intention of disposing of capital to evade care costs, the local authority would in that case be entitled pursue you and hold you responsible for repaying the difference of £30k that they consider should still belong to your Mother.

Whether or not, or if this situation changes in the future has yet to be seen, and I agree it would be a shrewd move to wait and see.

Thank you for your swift reply. You are echoing my beliefs. However, having looked into the situation as best I can, I am not 100% convinced that it cannot be done.

I have been looking into ' Deliberate deprivation of Capital' and I quote, " ....selling an asset for less than it's true value, may be seen as deprivation.........................Disposal of assets is not necessarily carried out to avoid a charge for accommodationor to gain assistance sooner than would have been the case. The local authority or Pension Service has to show that this intention was there before it can take transferred capital into account."

I have a genuine desire to live in mum's house, and mum wants me to, as my children have all fled the nest and I am living alone in a large family house.

How very sensible of you to suggest waiting to see what will happen in the coming weeks with a new government. I hadn't really thought about that but it cannot happen straight away as I have my own property to sell before going ahead anyway - but yes - good thinking !

Don't know the law on this but I don't think that this is possible - in light of the requirement to cover the carehome costs yourself (ie Her savings) - if this was possible - surely everyone would be selling their properties to relatives at less than market values - in order to reduce their savings and thus carehome costs ?

In any case - I suggest that she holds off any decision for a month - to see what rules the next government bring in......

They may bring in the "first £8k rule" - if this is the case - then why not sell the property on the open market ?

My mum has recently moved into a care home, leaving her modest terraced house empty. I would like to sell my house and buy her's to live in (I need to down size). She is totally aware and mentally alert and would like to sell it to me at a reduced price - less than market value, which at a wild guess is about £80,000. She is self funding in the care home and has enough in savings to last about 2 years. After this she would be required to sell her home. Is there anything to prevent her from selling to me now at, say for argument's sake, £50,000 ? There is no mortgage on the property.