Selling house owned jointly -- advice needed

Discussion in 'Legal and financial issues' started by Boldredrosie, Jul 16, 2015.

  1. Boldredrosie

    Boldredrosie Registered User

    Mar 13, 2012
    244
    Hi there

    I pop up regularly asking various questions about selling the house I own jointly with my mum who has moderate/severe Alzheimers and we hold as tenants in common with a 2/3-1/3 split between her and me. I have PoA on her financial affairs.

    We have really got to a point where I need to sell the house for all three residents' sakes. My 17-year-old son lives with us and is now very unwell both physically and mentally and I believe my responsibility is to him and his health. As for my mum, her needs now outstrip what I can provide even if I didn't have my son (& a full time job) to deal with. My son and I would both move out tomorrow but my share of the house is our single biggest asset, which we need to realise to be able to move. There is still a mortgage on the house, which is in my mother's and mine names although I pay it.

    So, how do I go about selling it? I've tried to do online research and I really would like to know as much as I can before I get a solicitor for my mother and one for me so that we don't rinse through the money on legal fees.

    Do I need to get mum an advocate (although I find the information about advocates unclear and not helped by the fact that all the services associated with my mum won't state categorically her capacity despite the consultant in Jan 2013 telling me she didn't have capacity any longer (but she's left the clinic) and a solicitor? Or does she need a trustee plus a solicitor?

    I've done a ton of research into suitable homes and have a short list of excellent places that her savings and the assets from the house sale could fund for many years (she's now 84) so where she can go to is not an issue for her (although it is for us).

    Of course, she doesn't want to sell the house, but there again she doesn't want to change her clothes, wash her hair, use the toilet or any other thing but we cannot go on like this. Even the consultant at the memory clinic in June suggested it as a solution to this horrible situation.

    So any idea on steps and types of solicitors (would a high street practice be ok, or do we both need specialist trust solictors?) would be gratefully received. And don't say that we'd never get permission to sell -- if I had to sell to take up a job in another part of the country, or was getting married I doubt we'd be stopped. Especially as she is now so very ill.
     
  2. sue38

    sue38 Registered User

    Mar 6, 2007
    10,854
    Wigan, Lancs
    As it seems you're aware you can't sell the house on behalf of yourself and on behalf of your mum as her attorney without appointing a second trustee. This is not a very complicated procedure but I would recommend that you steer clear of conveyancing factories, but you won't necessarily a firm that specialises in trusts.

    If I were you I would ring around a few high street firms and explain the situation. You should be able to tell from their response if they understand the issue or whether they are just interested in getting the work.
     

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