What Happens When a Co-Owner Cannot Consent to a Property Sale

If you co-own property with someone who has lost mental capacity and need to sell it, you must apply to the Court of Protection to appoint someone who can act on their behalf.

Losing mental capacity means a person is unable to make decisions for themselves at the time they need to be made. This affects legal transactions, including the sale of property, as they cannot sign legally binding documents.

This guide explains when you need to apply, how to apply, fees involved, and what happens after submission.

When You Must Apply to the Court of Protection

You must apply to the Court of Protection if:

• You are one of two or more owners of a property.
• One of the owners has lost mental capacity.
• You want to sell the property or land.

If you already have a registered power of attorney, you may not need to apply. Check the sale of jointly owned property guidance (COP GN2) for confirmation.

How to Apply for Permission to Sell

Step 1: Appoint Someone to Act for the Owner

Even if you are already acting as a deputy or the Official Solicitor is a litigation friend, you must still apply to appoint someone to act on behalf of the owner who has lost mental capacity.

Step 2: Complete the Required Forms

Download and fill in the following forms:

• Form COP1 – Application to appoint someone to manage the property sale.
• Form COP12 – Special undertaking by trustees.
• Form COP1D – Additional information about the jointly owned property.
• Form COP24 – Witness statement to confirm details of the application.
• Additional COP24 Witness Statement – A certificate of fitness (such as a character reference) if you are not appointing yourself or a solicitor.

Use the COP GN2 guidance to help fill out the forms correctly.

Step 3: Prepare Supporting Documents

Include:

• A copy of the property records from HM Land Registry (if the property is registered).
• A copy of the conveyance (if the property is unregistered).
• Any other documents requested by the court.

Step 4: Pay the Application Fee

• The standard application fee is £408.
• If the court decides a hearing is necessary, an additional £494 fee may apply.
• Some applicants may be eligible for fee exemptions—check the fees guidance.

Step 5: Submit Your Application

Send the original and one copy of all forms and documents to:

• Court of Protection
• PO Box 70185
• First Avenue House
• 42-49 High Holborn
• London
• WC1A 9JA

Notifying Others About Your Application

Once your application is submitted, the Court of Protection will process it and send you a stamped copy of your forms with an issue date (this usually takes about a week).

You must notify (‘serve’) anyone named in the application, including the owner who has lost capacity, within 14 days of the issue date.

How to Notify Others

You must send them:

• Form COP15 – Notice that an application has been made.
• Form COP5 – Acknowledgment form for them to confirm they have been informed.

Ways to Deliver the Notice

You can notify them by:

• Post (to their last known home or business address).
• Fax.
• In person.

Step 6: Confirm You Have Notified Others

Within seven days of serving the documents, you must download and complete the following:

• Form COP20A – Confirms you have notified the owner who has lost mental capacity.
• Form COP20B – Confirms you have notified other people named in the application.

Send these completed forms back to the Court of Protection.

After You Apply

If Your Application Is Approved

Once the Court of Protection grants approval, the appointed person can act on behalf of the owner and complete the property sale.

You must also update the property records to reflect the new ownership structure.

If Your Application Is Rejected

If your application is rejected, the next steps depend on whether or not you had a hearing.

If There Was No Hearing

• You can request a reconsideration by submitting Form COP9 within 21 days of the decision.
• This is free of charge.

If There Was a Hearing

• You can appeal the decision using Form COP35 (Appellant’s Notice) within 21 days or within the time frame set by the judge.
• The appeal costs £257, and an additional £494 may apply if another hearing is required.

Emergency Applications

If you need to urgently sell the property or stop someone who lacks capacity from being removed from their home, you can make an emergency application.

To do this, contact the Court of Protection:

• Email: [email protected]
• Phone: 0300 456 4600 (Monday to Friday, 9 AM to 5 PM)

Court staff cannot provide legal advice, but they can help you understand the application process.

If you co-own property with someone who has lost mental capacity, you must apply to the Court of Protection before selling it. The process involves:

• Filling out the correct forms.
• Providing supporting documents.
• Paying the required fees.
• Notifying the relevant people.

By following the correct procedures, you can ensure the sale is legally valid and protects all parties involved. If you are unsure, consulting a solicitor or conveyancer is recommended.

FAQ’s