Joint property ownership
Selling when an owner has lost mental capacity
You must apply to the Court of Protection if all of the following apply:
- you’re one of 2 or more owners of property or land
- one of the owners has lost ‘mental capacity’
- you want to sell the property or land
Losing mental capacity means someone cannot make a decision for themselves at the time it needs to be made.
This means that:
- the owner who’s lost mental capacity cannot sign legally binding documents and needs help to make decisions
- you’ll have to apply to appoint someone to take the place of the owner who’s lost capacity so the sale can go ahead
Appoint someone to act on behalf of an owner
You’ll have to appoint someone to act on behalf of the owner who’s lost mental capacity even if:
- you’re already acting on behalf of an owner as a ‘deputy’
- the Official Solicitor is a ‘litigation friend’ for an owner
You may not need to apply if you’ve got a registered power of attorney.
Read the guidance on the sale of jointly owned property (COP GN2) to find out if you need to apply.
Get the forms
Download and fill in:
- the Court of Protection application form (COP1) so you can appoint someone who can deal with the sale of the property
- the special undertaking by trustees (COP12)
- an information form (COP1D)
- the witness statement (COP24) - use the guidance on the sale of jointly owned property (COP GN2) to fill this in
- another witness statement (COP24) as a certificate of fitness (for example, a character reference) if you’re not appointing yourself or your solicitor to act for the owner
Fees
It costs £371 to apply. You might have to pay an additional £494 if the court decides there needs to be a hearing.
Read the fees guidance to find out when you might not have to pay.
Enquiries
Contact the Court of Protection for help and to find out if you need to fill in other forms.
Court of Protection
courtofprotectionenquiries@justice.gov.uk
Telephone: 0300 456 4600
Monday to Friday, 9am to 5pm
Find out about call charges
You can also write to the Court of Protection or visit the public counter.
You cannot get legal advice from court staff.
Send your application
Send the original and one copy of each of the following to the Court of Protection:
- the application forms
- witness statement
- a copy of the entries at HM Land Registry if the sale includes any registered land
- a copy of the conveyance if the property is unregistered
- any other documents and information asked for
Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA
Tell people about your application
The Court of Protection will send you a copy of your application forms, stamped with an issue date, a week after you apply.
You must tell (‘serve’) anyone named in your application (such as the person who’s lost capacity) about applying within 14 days of the issue date.
Read the guidance at the end of application form COP1 to find out who to tell.
Send them:
- a notice that an application form has been issued (COP15)
- an acknowledgment form (COP5) so they can confirm they’ve been told about this
You can tell them:
- by post to their home address
- by fax
- in person
Confirm you’ve told people
Within 7 days of serving the documents, you must download and fill in the forms (‘certificates of service’) confirming you’ve told:
Send them all together to the Court of Protection.
After you apply
Read the guidance to find out what happens if you have to attend a Court of Protection hearing.
Update the property records after you’ve appointed someone to act for the owner who’s lost mental capacity.
If your application is rejected and you did not have a hearing
You can ask for a decision to be reconsidered if your application is rejected and you did not have a hearing.
Download and fill in application form COP9.
Send the original, one copy of the form and any documents asked for in the form to the Court of Protection.
You must apply within 21 days of the decision being made.
It’s free.
If your application is rejected and you had a hearing
You can appeal the decision if your application is rejected and you had an oral hearing.
Download and fill in the appellant’s notice (COP35).
Send it and any other documents asked for in the form to the Court of Protection.
You must apply within 21 days of the decision being made or within the time limit set by the judge who rejected your application.
Fees
It costs £234 to apply. You might have to pay an additional £494 if the court decides there needs to be a hearing.
Read the fees guidance to find out when you might not have to pay.
Emergency applications
Contact the Court of Protection to make an emergency application, for example to stop someone who lacks mental capacity being removed from where they live.