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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10740
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Hello,my mother in law has been in a care home now for just

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Hello,my mother in law has been in a care home now for just under a year and my father in law was still living in their house (that they jointly own - albeit with equity release on it). My father in law now has to go into a care home meaning that the house is going to have to be sold to pay for their care. My father in law still has capacity to act and we (myself and my husband) are in the process of applying for lasting power of attorney for him (he has terminal cancer so his life expectancy is probably no longer than a year). My mother in law doesn't have capacity any longer and we don't have power of attorney. I know we can apply to be her deputy, my question is, would we need to do this before we can sell the house?
Many thanks,
Hello and thanks for using Just Answer.
I am Al and am happy to assist you with your enquiry.
I am afraid that as their property is in joint names, both of them (or their Attorney/Deputy) will need to sign the Contract and Land Registry Transfer. Hence, someone is going to have to apply to become your Mother in law's Deputy.
I am sorry this is not the answer you were hoping for, but it sets out the legal position.
Kind Regards
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Customer: replied 3 years ago.

That's what we had feared, but thanks for clarifying it for me.