Property sale if vendor cant sign off the final paperwork due to health issues

mamo

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Vendors wife is in not good physical health and cant sing on any paperwork - "non-compos mentis". Because of this she is unable to grant her consent to the sale of the property. There is no power of attorney issued. They are still married. Both parties solicitors are stuck and this issue delays the sale. Anybody have any advice or dealt with similar issue?
 
No she did not sign it, because of her condition. Is there a way out of this? husband is eager to sell.
 
I have no idea. If your solicitors say that you are stuck, I imagine that you are.

I suspect that they would need to go to the High Court to get approval to sell.

Brendan
 
If she is absent her faculties to give consent to the sale (presumably of her family home), then she cannot consent to the property’s sale. It would be up to the vendor to put in place some legal workaround (eg make her a ward of court, or make an application to court to dispense with her consent), but you’ve no standing to force any sale here.
 
That's actually really sad. Yes, he would have to go to court to sort this out. Not his fault to be honest.
 
yes, that is where its going to the court. I will update once there will be future developments for the future reference for someone in a similar situation
 
In this exact position right now. Just found out today after waiting for contracts for 5 weeks that the wife has dementia and they're going to court. I wonder how long the process took for you. We have purchasers lined up for our house and we're mortgage approved... we could lose our purchaser if this is going to take a long time....
 
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