HELLO my husband is in a dementia care home -I have lasting power of attorney-. I need to sell our semi-detached house to move into a bungalow because of disability (due to ms). As our house is in joint ownership what do I need to do in order to sell our property please?
Province/Country relating to question : england (wirral)
Has he lost mental capacity?
yes he has
The solicitor dealing with the sale will be able to deal with it under the power of attorney in respect of your husband share. If your husbands care is not fully funded by the local authority, his share of the house is ultimately at risk (apart from the last £23,000 of his assets) to pay for care fees.
The new house should be held as tenants in common .
I assume you have no mortgage, but if you do have a mortgage, . The new house could not be mortgaged in joint names., you have to account to your husband's estate for his share of the house .
Can I help further?
PGD Law. 20 years legal profession, 6 as partner in High Street practice
thank you very much for your reply. Will registering the lasting power of attorney be enough to proceed with buying a new house? We have no mortgage and his care is local authority funded
Is it registered?
If so, yes, it will.
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