When a person loses their mental capacity, it means that they’re unable to make key decisions for themselves. They shouldn’t sign legally binding documents and will need help making decisions.
If you decide to sell a property that you own with your partner, and they are unable to make decisions for themselves, then you’ll need to appoint a representative to act on their behalf so the sale can go ahead. You must then apply to the Court of Protection to state your case and make it legal. It is important to update the property records to state that this representative will be acting on behalf of the original named joint owner.
There is a cost of £385 to apply to the Court of Protection and additional fees may be added if there needs to be an appeal at a later date. In order to apply to the Court of Protection, and gain the right to sell you and your partner’s property, you will need to complete the following documents:
• Application form
• Witness statement
• Copy of HM Land Registry document entry
• Copy of conveyancing report if the property is unregistered
Within 14 days of making the application, you must inform the person named in the document i.e. your partner who has lost capacity. This may seem futile, but is a necessary part of the process and you cannot proceed without issuing a notice or an acknowledgement form to them. These are officially known as a COP15 and a COP5 documents respectively.
You must then tell the Court of Protection that you have issued this document within 7 days of doing so.
Then you wait until a decision has been reached before going ahead with the sale of the property. If your appeal is rejected, you are entitled to dispute this and must do so within 21 days of the court’s decision.
If you decide to sell your property quickly for a fair cash sum then The Property Buying Company can help. We understand that selling your house can be a stressful process and that your circumstances might make you feel even more daunted. Our team of experts are experienced at selling properties quickly for a fair cash sum and are supportive at every stage of the process. We buy any property, in any location and in any condition. All legal fees are included and we pride ourselves on taking the hassle out of the sale on your behalf.