Can 3 out of 4 owners authorise sale of house?

Slim

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Scenario: House owned by woman and her 3 adult children, equally. The mum is in permanent care and unable to consent or otherwise. If the 3 offspring agree the house should the be sold, can they proceed? No Fair Deal issues in this scenario. Thanks.
 
I’d say she’d have to have an enduring power of attorney or be made a ward of court.
 
As you outline it there are four names on the title to the property.

Four people are required to sign off on the conveyance, no less.
 
But if 1 of those individuals is unable to consent is there an alternative mechanism...i think is what the OP is asking.
 
Sounds like you need to go to court. First step is legal advice from a solicitor. I imagine it's possible and that the mother's share would have to be held in trust for her.
 
For OP

Why can't the family make the woman a Ward of Court?

It's a reasonably straight forward, if somewhat lengthy and not cheap, process?

Once she is made a Ward of Court, application can be made to the President of the High Court, Peter Kelly, for leave to sell.

If it's the sensible thing to do, the order will be made.

mf
 
If four names are on the title documents listed as full owners then DeeKie has already correctly outlined the way.

They are all owners...legally named on the title then the property cannot be sold without an enduring power of attorney or this owner being declared a ward of Court, the latter of which is possible but costly and indeed uncertain, the OP states she is unable to consent, the Court will look to confirm that before making its decree.

Ownership could also be held as tenants in common but does that make any difference ? , the claim and rights to the property by the mother must be set aside legally to achieve a sale, not an easy thing to achieve as her rights must be protected.
 
Thank you all for your replies. It is not worth the expense of going down the Ward of Court route. The family will most likely wait until their mum passes away before selling.
 
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