Legal position

[Patbec]

Hi I have been with my partner for since 2005 and we bought our current house in 2008. The solicitor at the time put tge housecin joint names with tge proviso that if one partner died the other partner would be sole owner. But can any body know whatvhappens if tge partner gets dementia.

 

[jaymor]

Hello and welcome.

Nothing changes. The house is still owned by both and upon the death of one partner will pass to the surviving partner even if that partner has dementia.

 

[Patbec]

Hello and welcome.

Nothing changes. The house is still owned by both and upon the death of one partner will pass to the surviving partner even if that partner has dementia.

Hi Jay thank you for your reply but what if I or my partner get dementia and the other wants to downsize{we have a 4 bed} can they still sell?
.

 

[canary]

Even if he has dementia, everything is the same and he can still sell until your partner loses capacity. At this point someone will need either POA or Court of Protection deputyship in order to sell on his behalf. Do you have POA? If not, now is the time to get it.

 

[jaymor]

I have no personal experience but as I understand it you can downsize and the new property remains in joint names. Any money left over after the sale is then divided equally.

 

[Casbow]

I have no personal experience but as I understand it you can downsize and the new property remains in joint names. Any money left over after the sale is then divided equally.

But what if the house you are buying is empty executor sale. There is nothing in the place i am moving to. The old lady lived alone and had dementia. She eventually died and the house clearance people were sent in. There are no carpets,heating or anything. I have bought the house because it will be perfect for me in every way, including looking to the future ,and if I could not drive I have a bus stop near, plus hospital and doctors walking distance. I will need a lot of the money to get the new place warm and comfortable. And I won't even start on the state of the garden.!! Surely I can get the new place habitable before I share any money left. Just as we would if he was here with me. x

 

[jaymor]

But what if the house you are buying is empty executor sale. There is nothing in the place i am moving to. The old lady lived alone and had dementia. She eventually died and the house clearance people were sent in. There are no carpets,heating or anything. I have bought the house because it will be perfect for me in every way, including looking to the future ,and if I could not drive I have a bus stop near, plus hospital and doctors walking distance. I will need a lot of the money to get the new place warm and comfortable. And I won't even start on the state of the garden.!! Surely I can get the new place habitable before I share any money left. Just as we would if he was here with me. x

I gave a straight forward selling and downsizing. There are always going to be ‘ but what ifs’ which is why it is important to seek professional advice when undertaking a transaction when one party is unable to be part of that decision.