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Absent joint owner

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  • Absent joint owner

    I think I have a bit of an unusual problem. My partner (unmarried) with who I jointly own a house went into council care in September 2021. For technical reasons, my daughter was made her next of kin and social services dealt with my daughter concerning my partner’s welfare. Since then I have become estranged with my daughter and my partner has moved to a new care home.
    I contacted the social services and they said they cannot give me her details due to the Data Protection Act. They also implied my partner didn’t wish to contact me. This may be because she is mentally ill.
    This has left me in an unenviable position as I don’t know what I can or cannot do with the house. If I cannot contact my partner how can I sell the house, remortgage, rent or conduct repairs?
    What can I do and do I have a right to know my partner’s whereabouts?
    Tags: None

  • #2
    Have you asked Social Services if they can pass letters on to your partner?

    Repairs should not be a problem: just do them.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by Raystokes View Post
      I think I have a bit of an unusual problem. My partner (unmarried) with who I jointly own a house went into council care in September 2021. For technical reasons, my daughter was made her next of kin and social services dealt with my daughter concerning my partner’s welfare. Since then I have become estranged with my daughter and my partner has moved to a new care home.
      I contacted the social services and they said they cannot give me her details due to the Data Protection Act. They also implied my partner didn’t wish to contact me. This may be because she is mentally ill.
      This has left me in an unenviable position as I don’t know what I can or cannot do with the house. If I cannot contact my partner how can I sell the house, remortgage, rent or conduct repairs?
      What can I do and do I have a right to know my partner’s whereabouts?
      I should ass my partner is mentally is and isn't compos mentis. Regarding repairs I have done many but the last repair was 17k for a house I only half own.

      Comment


      • #4
        If your partner lacks capability then the courts can appoint a guardian to look after her affairs. Ask the SS if they know who her guardian is and if they can pass letters through.

        Comment


        • #5
          Originally posted by Raystokes View Post

          I should ass my partner is mentally is and isn't compos mentis. Regarding repairs I have done many but the last repair was 17k for a house I only half own.
          The Gaudian is my daughter with who I am estranged and will not speak to me at all.

          Comment

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