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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10914
Experience:  30 years as a practising solicitor.
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House to be sold is jointly owned by self (Ann-Marie) 77 +

Customer Question

House to be sold is jointly owned by self (Ann-Marie) 77 + husband (Alf) 83.
Our son wants us to move to Aberdeen, his home, in view of our situation.
Alf is now in a carehome, unable to stand up, having lost all strength in legs and feet, and having had replacement hip due to another fall in August.
He is unable to sign his name, or write at all.
I am considering POA, assuming doctor will sign relevant schedule, but husband cannot sign.
Guardianship is expensive and long-drawn-out.
Is his signature required for the sale?
What is the solution?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
I am a solicitor in Scotland and will help you with this. I take from your narrative that Alf is physically unwell but is mentally capable. The solution where Alf is physically unable to sign the title deed selling the house is that the solicitor acting for both of you in the sale can visit him in the home and perform a notarial execution. The solicitor reads the deed to Alf who then confirms that he understands the deed but declares he can't sign it because of illness. The solicitor can then sign the deed for him as a notary public. You also sign the deed and the solicitor delivers it to the purchaser's solicitor at settlement together with details of the notarial execution. You don't need a power of attorney or guardianship. I hope this helps. Please leave a positive rating so that I am credited for my time.