Q&As

A husband and wife own property jointly (not clear if this is as tenants in common or pursuant to a joint tenancy). The wife is registered as the husband’s power of attorney. The couple are proposing to sell the property. Can the wife sign for the husband and ask her daughter to sign for her to effect a valid receipt for the purchase monies?

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Published on LexisPSL on 13/11/2017

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A husband and wife own property jointly (not clear if this is as tenants in common or pursuant to a joint tenancy). The wife is registered as the husband’s power of attorney. The couple are proposing to sell the property. Can the wife sign for the husband and ask her daughter to sign for her to effect a valid receipt for the purchase monies?

A husband and wife own property jointly (not clear if this is as tenants in common or pursuant to a joint tenancy). The wife is registered as the husband’s power of attorney. The couple are proposing to sell the property. Can the wife sign for the husband and ask her daughter to sign for her to effect a valid receipt for the purchase monies?

In answering this Q&A, we have assumed that husband and wife are joint tenants and that wife has registered the lasting power of attorney and has the authority under it to sign documents on behalf of husband.

HM Land Registry will require evidence of the original Office of the Public Guardian certified power so they can be satisfied that the document binds the individual on whose behalf it was signed. They will check that the power of attorney:

  1. was validly executed as a deed

  2. was still in force at the date of the document

  3. authorised the attorney to take the action in question (ie make sure it does not state

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