Obtaining Title Transfer from incapacitated person
Anyone know how to transfer title when there's dual ownership and one person wants to sell the property? The other person is apparently in a bad mental state in the penitentiary. How do you transfer title when the person is incapacitated? I would have the help of a family member. It would be a quit claim deed for the half of the title apparently.
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Do some research on guardianship... getting a guardian of the property appointed. Being locked up does not raise capacity issues. If the guy doesn't want to sell, he doesn't have to. But like @Account Closed said, if you have a seller who is truly incapable of making decisions for himself, you'll need physicians to certify this in a petition for guardianship plus you'll need a fiduciary appointed to handle those decisions for him... in his best interest. At least that's how it works around here.
The other angle would be a lawsuit for sale in lieu of partition (or whatever it's called where you are). Nobody wants to buy half a house so if the owners did not agree on its disposition one could petition the court to order the property sold and the proceeds divided between the owners.
- Tom Gimer
