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mental capacity and mortgages

(8 Posts)
newmobile Sun 19-Feb-17 15:50:02

Does anyone know what happens in a situation like this. joint mortgage one person suffers an accident and now has no mental capacity. Can the remaining person still take out secure loans on the property without his signature ?and how can they take his name off the deeds and mortgage ? married but separated over 20 years.

user1487194234 Sun 19-Feb-17 16:48:09

Would think a Guardian would have to be appointed

newmobile Sun 19-Feb-17 17:20:44

thanks there is an appointee through the court of protection not sure if that's the right terminology. person with disability still has his name on the deeds and the wife has always lived in the property and remains there . c of protection want to know about the mortgage and she won't tell so we are wondering if she is hiding additional loans etc could she have done this without his signature. ? also no amount of money will ever help this injured person so the guardian is happy to give her the house but can he ??

Collaborate Sun 19-Feb-17 18:02:32

Trustee's duty is to the husband, so they shouldn't be allowing his assets to be transferred to the wife, or for the house to be mortgaged for a purpose thato will not benefit the husband. If she has signed for loans after he lost capacity they will be secured only against her half share in the property.

newmobile Sun 19-Feb-17 18:35:45

thanks. So you don't need 2 signatures then unless of course she has forged his signature. I just can't see what she is hiding as she will not provide any details which is fine as it can easily be found out just feels like we are about to open a can of worms here in a situation that was ticking along. he hasn't contributed to the mortgage since the accident so don't understand how he is still entitled to any interest in that property as accident was so catastrophic. she won't divorce him

Collaborate Mon 20-Feb-17 07:27:49

She might have got him to sign something, but as he lacks capacity his signature will have no effect.

wowfudge Tue 21-Feb-17 00:37:33

It's possible she is worried she will lose her home. Are they still living together?

newmobile Tue 21-Feb-17 10:09:37

yes she may be worried but she has paid the Mortgage not him so that should go in her favour. he pays full rent on a fully adapted council property which he was given the tenancy to under succession rights when he lived with his mom who died. they have been split over 20 years

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