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Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 33035
Experience:  25 years exeperience
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Hi, I own a property jointly with my brother who is now in

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Hi, I own a property jointly with my brother who is now in a nursing home with dementia and has not got the mental capacity to sign for the sale.
As I live in Australia I agreed that social services should apply for deputyship for my brother which did not happen until July. The property has now been empty for more than 12 months and going into disrepair. The deputyship could take at least 6 months. Would an application for an order of sale be a quicker option . Thanks
Thank you for your question
My name is XXXXX XXXXX I will do my best to help you.
Actually in these circumstances it is indeed likely that an order for sale ans an order that the court signs the TR1 in place of your brother could be swifter. - taking only three months or so
HOWEVER there is also the option of Social Services making an Emergency Application to the Court of Protection for an order authorising their agreement to the immediate sale of the property which would be even quicker
I hope this helps please ask if you need further details
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