Owning your home as tenants in common does not, on its own, protect it from care home fees. What it can do is change what happens to your share after the first partner dies, because each owner holds a distinct share that can be left by will, often into a trust for the surviving partner, rather than passing to them outright.
That distinction matters because a means test for residential care looks at what a person owns at the time. If half of the home has already passed into a trust on the first death, that half is not part of the survivor's estate in the same way, which is the reasoning many families rely on. This guide explains how co-ownership works, how care fees are assessed in England and Wales, and the limits of what this planning can achieve. Figures are current as at August 2026 and are subject to change.
Joint tenants and tenants in common: what changes
There are two ways for two or more people to own property together in England and Wales. As joint tenants, you own the whole together, and when one owner dies their interest passes automatically to the survivor by survivorship, outside the will. As tenants in common, each owner holds a defined share, such as one half each, and can leave that share to whoever they choose in their will.
| Feature | Joint tenants | Tenants in common |
|---|---|---|
| Ownership | The whole, held jointly | Distinct shares (often 50/50) |
| On the first death | Passes automatically to the survivor | Passes under the deceased's will |
| Can leave a share in a will? | No | Yes |
| Can hold unequal shares? | No | Yes |
Changing from a joint tenancy to a tenancy in common is called severing the joint tenancy, and it is done by giving formal notice and registering a restriction with HM Land Registry (gov.uk, joint property ownership, as at August 2026, subject to change). On its own, severance changes nothing about care fees. It simply makes it possible to leave your share separately, which is what later planning can build on.
How care home fees are means-tested
When a person in England needs a permanent care home place, the local authority carries out a financial assessment. Where capital is above the upper limit the person is expected to meet the full cost themselves; below the lower limit the authority contributes and only income is assessed; between the two a tariff applies (gov.uk charging circular, 2025-26, subject to change).
| Means test (England) | Level (2025-26) |
|---|---|
| Upper capital limit | £23,250 |
| Lower capital limit | £14,250 |
| Tariff (assumed) income | £1 per week for every £250 between the limits |
Source: gov.uk local authority charging circular, 2025-26. There is currently no upper cap on lifetime care costs, as the previously planned reform was cancelled (gov.uk, paying for care, as at August 2026), subject to change. Scotland and Northern Ireland run separate systems with different limits.
The family home is often the largest asset, so how it is treated is central. The value of a home is disregarded in certain situations set out in the Care and Support Statutory Guidance, including where a qualifying relative still lives there, and for the first twelve weeks of a permanent stay (gov.uk, Care and Support Statutory Guidance, as at August 2026, subject to change).
| Common property disregards | When it applies |
|---|---|
| Mandatory disregard | A spouse, civil partner or partner, or a relative aged 60 or over, or one who is incapacitated, still lives in the home |
| 12-week disregard | The first 12 weeks after a person permanently enters a care home |
Does being tenants in common protect the home from care fees?
The honest answer is: sometimes, and only in a narrow way. While both partners are alive and one moves into care, the home is usually disregarded anyway, because the other partner still lives there under the mandatory disregard above. Being tenants in common makes little difference at that stage.
The planning is aimed at the second stage. If the first partner dies leaving their share of the home to the survivor outright, the survivor now owns the whole property. Should that survivor later need care with no one else living there, the full value can be assessed. If, instead, the first partner had left their share into a trust for the survivor, only the survivor's own share remains part of their estate, and the trust share is generally outside the later means test. That is the mechanism behind what are sometimes marketed as property protection trusts.
It is general planning for the impact of care fees, not a guarantee. It does nothing for the first partner to enter care, it depends on one partner dying before care is needed, and a local authority can still look at the substance of any arrangement.
Property protection and life interest trusts
A property protection trust, also called a life interest trust or a property trust will, is created by will. Each partner leaves their share of the home into the trust on death. The surviving partner is given a right to live in the property for life, and the underlying share is held for chosen beneficiaries, often children. Because the survivor has a right to occupy but does not own the trust share, that share is treated differently from an outright inheritance.
These trusts can serve several purposes beyond care costs, including protecting a share for children from a previous relationship, and providing certainty about where the property eventually goes. They also carry consequences that need care, including how the arrangement interacts with inheritance tax, the responsibilities placed on trustees, and the rights of the surviving partner. A trust of this kind is drafted into a properly prepared will rather than added afterwards, and the wills of both partners generally need to work together.
Owning as tenants in common opens the door. It is the will, and any trust within it, that decides what walks through it.
Deliberate deprivation of assets
Anyone considering this planning needs to understand deliberate deprivation. When assessing what a person can pay, a local authority can treat assets as though the person still owns them if it decides they were given away or put out of reach in order to reduce a care charge (gov.uk, Care and Support Statutory Guidance, Annex on deprivation of assets, as at August 2026, subject to change). Timing and motivation matter. Arranging ownership and wills as part of ordinary estate planning, well before any care need is foreseeable, is viewed differently from transferring a home once care looks likely. There is no fixed number of years that makes an arrangement safe, and each case turns on its facts.
Practical steps families often consider
- Check how the home is currently owned, which HM Land Registry records will show.
- Decide, with advice, whether severing a joint tenancy fits the wider plan.
- Prepare or update both partners' wills so they work together.
- Put a lasting power of attorney in place, so decisions can still be made if capacity is lost. Registration with the Office of the Public Guardian costs £92 per LPA (gov.uk, register an LPA, as at August 2026, subject to change).
- Review the plan periodically, because rules and family circumstances change.
For a fuller picture of how this sits alongside wills, trusts and tax, our guides to estate planning and planning for care home fees cover the wider ground.
- Upper capital limit £23,250; lower capital limit £14,250 (gov.uk charging circular, 2025-26).
- Tariff income of £1 per week for every £250 of capital between the limits (gov.uk, 2025-26).
- The home is disregarded while a qualifying relative lives there, and for the first 12 weeks of a permanent stay (gov.uk statutory guidance).
- LPA registration fee £92 per document (gov.uk).
Frequently asked questions
Do tenants in common protect your house from care home fees?
Not by itself. Holding a home as tenants in common lets each owner leave their share by will, often into a trust for the survivor. Where that happens, the trust share is generally outside the survivor's later means test, so only their own share is assessed. On its own, without wills and any trust in place, changing the type of ownership does not protect the property. General information as at August 2026, subject to change (gov.uk).
What is the difference between joint tenants and tenants in common for care fees?
As joint tenants, the whole home passes automatically to the survivor when one owner dies, so the survivor ends up owning it all, which can then be assessed if they later need care. As tenants in common, each owner can leave their share separately, for example into a trust, so it need not all end up with the survivor. General information as at August 2026, subject to change (gov.uk).
Can I put my house in a trust to avoid care home fees?
Trusts are used in this area, most commonly a property trust created by will on the first death. A lifetime transfer of a home once care is foreseeable can be treated as deliberate deprivation of assets, and the value counted as though still owned. Whether any trust is suitable depends on individual circumstances and carries tax and legal consequences, so it is an area where people generally take advice. General information as at August 2026, subject to change (gov.uk).
Is the family home always counted in the care means test?
No. The value of the home is disregarded in defined situations, including where a spouse, civil partner, partner, or a relative aged 60 or over or who is incapacitated still lives there, and for the first 12 weeks of a permanent care home stay. Where none of the disregards apply, the value can be taken into account. General information as at August 2026, subject to change (gov.uk).
What is deliberate deprivation of assets?
It is where a local authority decides that assets were given away or reduced in order to avoid or lower a care charge. If it reaches that view, it can assess the person as though they still held the asset. Timing and motivation are central, and ordinary planning done well before any care need is treated differently from transfers made once care looks likely. General information as at August 2026, subject to change (gov.uk).
Does changing to tenants in common help if I already need care?
Generally not. The planning works through what happens on a death before care is needed. Changing ownership after care is already required, or in prospect, does little for the person entering care and can raise deliberate deprivation questions. General information as at August 2026, subject to change (gov.uk).