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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7434
Experience:  BA (Hons), PgDip, Practising Solicitor
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My wife and I have bought an apartment in london several years

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My wife and I have bought an apartment in london several years ago and the property is in my wife entirely. I am presently in Paris. I would like to get some documents which I have no idea about from her regarding this flat so if one day I decide to sell the place I can do so without any problems.

Can I do this with a power of attorney?Is it durable non revocable?

Are you saying that you wish to be able to sell the property without requiring your wife to execute (ie. sign) the sale contract and land registry transfer for the property?

Does your wife agree to this?

Kind regards,

Customer: replied 3 years ago.

When we were aquireing the flat I had verbal understanding with her that I will only decide when ti sell the place.

As you know husbands and wives go through ups and downs so I would like to get position somehow stronger that I can execute this and my rightful claim to my share in the property.



Would your wife agree to execute a document giving you the sole right to sell the property?

Customer: replied 3 years ago.

I think so .What do you have in mind?



Thanks for your patience.

Usually where there are two owners of a property and they wish to empower one of them to sell the property without requiring the other to execute the necessary documents to effect the sale they would execute a Power of Attorney.

The power of attorney would give you the right to deal and sell the property on your own, so that effectively you would sign the sale contract and land registry transfer both in your sole name and acting as attorney for your wife.

It is for your wife to decide whether she wishes to give you this right.

Ultimately, any proceeds of sale that are realised from any sale would also form part of the matrimonial asset pool of the marriage, over which a matrimonial settlement would have to be reached in the event that you divorced, so it’s not as if you can pocket the money and be free from all complications because the courts have very wife powers when divorcing.

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Kind regards,

Customer: replied 3 years ago.

Thank you very much for your response. When you " usually when there are two owner of the property" in your last response.


Does it apply to me where the flat is solely in her name? By giving me the power of attorney can I aquire the service of solicitors for sale and transfer of title and pay off the mortgage? How can we secure each other rightful claim to the property ? should it be by a contract or post naptual agreement?


If so can you do this?


Thank you




Sorry, I must have misread your question.

You can still act as Attorney even though you wife is the sole owner.

If you had the power of attorney then you could market, sell and transfer the property without reference to he.

You would have to negotiate what a fair split of the equity is between yourselves. If you cannot agree then she should not grant you the power of attorney in the first place.

Please remember to rate my answer.

Customer: replied 3 years ago.



Can you write the power for me or tell me what to do for both the power of attorney and the contract between us. Can you draw these documents yourself and which other solicitor can I contact for that

No. I cannot accept private instructions from customers of this site, it's part of the conditions of the site.

You should not attempt to do it yourself. Just instruct a solicitor based in the UK to attend to it for you. You can find solicitors via:-

I would consider picking one reasonably close to the property.

Please rate my answer. You will agree that I have answered your question.

Kind regards,

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