Family home dilemma

I don’t think you can be forced to sell the house.
But you, or your father, will have to pay for his care as he will be judged by the council to have deliberately deprived himself of assets.
You need to see a solicitor.
I’m surprised that the solicitor who handled the transfer of the property to you and your brother didn’t warn you of this.
But as bluebelle says, the need for a care home may not arise.

Ah - this is a grey area. But if the LA deem that he got rid of an asset for the purpose of avoiding care home fees, they will put a legal charge on the property and recoup their money when he dies.

It is called "deprivation of assets" - here is a useful link: www.ageuk.org.uk/information-advice/care/paying-for-care/paying-for-a-care-home/deprivation-of-assets/

You definitely need a legal bod to advise you, but I fear you may not have a leg to stand on.

Yes I think the 7 year rule could apply. The council will not pay for care if they know the house was gifted fairly recently. They will argue that you knew he had the early stage of dementia at the time. If it were possible we would all have done it to avoid care home costs. If your brother wants to live in it maybe he can use the proceeds of his home to pay for care.

I would consult a solicitor for clarity.

Just to add dementia can take years to manifest itself to a care home stage especially if Dad is taking one of the medications that slows it all down and you do say Early stages so he may not need to go into a care home for some time talk to a solicitor and a doctor to get more information on his situation

Oh dear what a horrible situation I think your house may well have to be sold to care for Dad but Tanith is right get legal help
As your brother was hoping to move in could he move in and care for Dad ? Just a thought

I don’t think you can just ‘legally’ sign over a home like that. If it was possible everyone would have done it to avoid paying for social care. Tanith is correct you need to talk to a solicitor.

Why should the state pay for your father’s care anyway when he was the wherewithall to pay for care through his assets?

It’s likely I fear but getting legal advice is your best option.