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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My parents put their property in my name approx 19 / 20 years

Customer Question

My parents put their property in my name approx 19 / 20 years ago with a note saying I could not sell without their permission. My Dad passed away in 2000. My Mum has just be diagnosed with Vascular Dementia and I have been advised by her Consultant to get a power of attorney. She lives with me at the moment. I still regard the property as her house but I may now need to sell it rather than leave it empty and will need any money from it to pay for her home care when the time is needed. The question is if I have a power of attorney can I sell the property without her consent. Jen
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Does your mother still have Mental Capacity?
Do you live in the property?
Clare
Customer: replied 1 year ago.

My Mum has no context of paperwork, but in otherthings she isnt to bad. She now lives with me which is not in the property. Jen

Expert:  Clare replied 1 year ago.
Hi
Would she not agree a sale?
Do you have siblings?
Clare
Customer: replied 1 year ago.

No she refuses to sell and yes I have one brother who is very close to me but likes to leave all decisions like this to me.

Expert:  Clare replied 1 year ago.
Hi
Is the restriction actually registered at the Land Registry?
Clare
Customer: replied 1 year ago.

Yes it is

Expert:  Clare replied 1 year ago.
Hi
Then no I am afraid that you will not be able to sell the property unless an additional person also holds Power of attorney OR you obtain an Order from the Court of Protection for the Sale of the Property.
This is because you are the owner of the property.
Please ask if you need further details
Clare
Customer: replied 1 year ago.

If power of attorney was held by myself and brother would that make a difference. Or my brother and his wife, or my husband and brother. Although at the moment I have no intention of my Mum going into a home I cant say it wont happen in the future.

Jen

Expert:  Clare replied 1 year ago.
Hi
What does the restriction at the Land Registry actually say?
Clare
Customer: replied 1 year ago.

Cannot be sold without Mum's permission or after her death

Expert:  Clare replied 1 year ago.
Hi
That would not be the wording of the actual restriction on the Register - can you reproduce that wording please
Clare

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