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My father wants to sell his house

Discussion in 'Legal and financial issues' started by BARKLE, Jan 29, 2015.

  1. BARKLE

    BARKLE Registered User

    Jan 29, 2015
    8
    My father is wanting to sell his house and move to a flat. His house is in joint names with my mother, tenants in common, unfortunately she is in the late stages of altzheimers and unable to speak and would not be able to sign any contract, he doesnt have power of attorney. How would he be able to proceed ?
     
  2. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,417
    Someone would have to apply to be a deputy for your mother. And if it was him, he'd also have to arrange for someone to be a trustee purely for the purposes of this sale. Some people find they have to make two applications: one to be deputy and another to appoint a trustee. Theoretically, it should be possible to apply for a deputyship which also includes the right to sell the property (if the applicant was, for example, one of his adult children, in which case a trustee wouldn't be needed) but often it doesn't seem to work that way.

    https://www.gov.uk/become-deputy/overview


    Then you also have the issue of: would the LA (I assume your mother is in a care home) allow him to used more than his 50% to make the purchase, and that's a different issue.
     
  3. BARKLE

    BARKLE Registered User

    Jan 29, 2015
    8
    Thank you for your reply. My mum is in a care home but does get continuing care so we dont actually have to pay for her care
     
  4. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,046
    Staffs
    Sorry to hear about your Mum:(

    Obviously not knowing your Mum condition but do be aware that CHC can be taken away and then the LA may come calling.:(

    I wish you all well.:)
     
  5. WILLIAMR

    WILLIAMR Account Closed

    Apr 12, 2014
    1,079
    I have noticed the house is owned on a tenants in common basis.
    I do know that the Court of Protection will require a copy of your mother's will.
    The thought I am having is if your mother's half is willed to somebody other than your father the Court of Protection may not allow the sale if no provision is made for the beneficiary of her will in relation to your mother's interest in the house.
    I don't know if I am correct but I hope you can see where I am coming from.


    William
     

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