Selling a house with someone else on the deed can be an absolute nightmare, especially when you’re not on the same page about selling. Whether it’s an ex you’d rather not speak to, a sibling who’s being difficult about the family home, or that mate you bought a property with in your twenties (seemed like a good idea at the time, didn’t it?), these situations can turn nasty if not handled carefully.
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How does power of attorney work when selling a house with someone else on the deed?
Selling a house with someone else on the deed becomes considerably more complex when power of attorney is involved, especially if one owner has lost mental capacity. If you’re facing this situation, understanding the legal ins and outs could save you months of stress and thousands in legal fees.
First off, you need the right type of power of attorney. Only a Property and Financial Affairs LPA (Lasting Power of Attorney) gives you the authority to sell property – a Health and Welfare LPA won’t do. If you’re working with an older EPA (Enduring Power of Attorney) from before 2008, that’s fine too, but it must be registered with the Office of the Public Guardian if the person has lost mental capacity.
Here’s where it gets tricky with jointly owned properties: there’s a legal requirement that two trustees must sign to sell any property held in trust (which is how joint properties are legally classified). This creates a proper headache in certain situations. For example, if a married couple has appointed each other as their only attorney, and one loses capacity, the other person can’t sign both for themselves AND as the attorney for their spouse – you need two distinct signatures.
The most common scenarios that create roadblocks are:
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Both property owners have lost capacity, and they’ve appointed the same person as their sole attorney
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One owner has lost capacity, and they’ve appointed the other owner as their attorney
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The property is owned by several people, and only one attorney has been appointed overall
The solution? Each property owner should ideally appoint at least two attorneys with the power to act “jointly and severally” (meaning they can act together or independently). This ensures there will always be two different people available to sign the transfer deed.
Another critical point is that you must always act in the donor’s best interests. This means selling at a fair market value and not using your position for personal gain. You absolutely cannot sell the property to yourself at a discount – that’s a criminal offence that could land you in prison and with an unlimited fine.
If the property owner dies during the sale process (which happens more often than you might think), the power of attorney immediately becomes invalid. The sale must then wait until probate is granted, which can delay things by six months or more. This can be particularly stressful if you’ve already exchanged contracts, as you’d technically be in breach of contract through no fault of your own.
At Property Saviour, we’ve helped numerous families with these complicated power of attorney situations. We understand the emotional and practical challenges involved when selling a property for someone who’s lost capacity. If you’re struggling with a power of attorney property sale, get in touch today. We can offer advice on your specific situation and, when you’re ready to sell, provide a straightforward, hassle-free transaction that respects both legal requirements and your loved one’s best interests.
What’s the difference between joint tenants & tenants in common?
This is really important to understand before you do anything else. In England and Wales, you can own property in two ways:
Joint Tenants: You both own the whole property together. If one of you pops their clogs, the other automatically gets the whole property regardless of what’s in the will. Most married couples go for this option.
Tenants in Common: You each own a specific share (could be 50/50, could be 70/30, whatever you agreed). If one of you dies, your share goes to whoever’s in your will, not automatically to the other owner.
You can check which one applies to you by looking at your title deeds or asking your solicitor. It makes a massive difference to your options, so it’s worth knowing.
Can one person force the sale of a jointly owned house?
Yes, you absolutely can force a sale even if the other owner is digging their heels in – but I won’t sugar-coat it, it’s not quick or pleasant. If you’ve tried talking it through, maybe with solicitors involved, and you’re still getting nowhere, you can apply to the court for what’s called an “order for sale” under the Trusts of Land and Appointment of Trustees Act 1996 (bit of a mouthful, we usually just call it TOLATA).
The court will look at all sorts of things before making a decision:
Whether it’s your main home or just an investment
If there are kids living there (courts are dead protective of children’s stability)
Your financial situation vs theirs
Why you bought the place together in the first place
How both of you have behaved during the dispute
In most cases, if one owner absolutely wants to sell, the court will eventually order it – but they might give the other person time to sort themselves out, especially if children are involved. Going to court isn’t cheap though – you’re looking at anywhere from £2,000 to £20,000 depending on how messy it gets, and it can drag on for months. Not ideal if you’re keen to move on with your life, is it?
What about buying out the other person?
This is often the cleanest solution if one of you wants to stay in the property. It means:
| What happens | What you need to consider | Potential issues |
|---|---|---|
| One owner buys the other’s share | You’ll need a proper valuation | Getting agreement on the property’s value |
| Mortgage may need restructuring | Mortgage lender must approve | One party might not qualify for a large enough mortgage |
| Legal transfer of ownership | Solicitors will handle paperwork | Can take 2-3 months to complete |
| Stamp duty considerations | May be exempt if transfer after divorce/separation | Otherwise might be payable on the transferred share |
It’s worth knowing that while this table outlines the process, every situation is different. Your solicitor can advise on specifics, but generally, buying out works best when the relationship is still reasonably amicable and both parties can agree on what the property’s worth.
How is money split when selling a jointly owned house?
The split depends entirely on how you own the property. For joint tenants, it’s always 50/50 regardless of who paid what over the years. For tenants in common, you’ll get whatever share was agreed when you bought the place.
A lot of people come unstuck here because they’ve been paying more of the mortgage or spent thousands on improvements thinking they’ll get it back when they sell. Without proper documentation of these unequal contributions (like a deed of trust), you might be in for a nasty shock. Courts generally default to what’s on the title deeds unless you’ve got rock-solid evidence showing a different arrangement was agreed.
How you split the money from the sale depends on your ownership agreement. Here’s a simple breakdown:
| Ownership Type | Division of Proceeds |
|---|---|
| Joint Tenancy | Usually 50/50 split |
| Tenancy in Common | According to ownership shares |
| Partnership | As per partnership agreement |
Can my ex refuse to sell our house?
Your ex can certainly be difficult about selling, but they can’t block it forever if you’re determined. If you’re married, the court can order a sale as part of divorce proceedings. If you’re not married, that’s where TOLATA comes in again.
Either way, the courts recognise that it’s unfair to force someone to remain tied to a property they want to sell, especially if they need the money to move on with their life. It just might take longer than you’d like to get there.
The whole process is incredibly stressful, especially when emotions are running high. I’ve spoken to countless people who’ve lost sleep for months over joint property disputes – it really does take a toll on your mental health when you feel trapped in a property you can’t sell.
That’s where we can help at Property Saviour. While we can’t magic away the legal requirement for all owners to agree to a sale, we can offer expert advice on your specific situation and, once agreement is reached, we can purchase your property quickly, with no chain and no financing delays.
Even when co-owners are being stubborn, sometimes the prospect of a guaranteed, hassle-free sale with a clear timeframe can help break the deadlock. We’ve seen it happen time and again – when one party realises there’s a straightforward solution on the table, they’re often more willing to cooperate.
If you’re struggling with a jointly owned property and need advice or a quick sale once agreement is reached, give Property Saviour a call. We’ve helped many people in similar situations move forward, and we might be able to help you too. Don’t let a joint ownership dispute keep you stuck in limbo – there is a way forward.
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