If my husband has Alzheimer’s and I need to sell our home, what do I have to do legally to do it since his name is also on the mortgage?

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If my husband has Alzheimer’s and I need to sell our home, what do I have to do legally to do it since his name is also on the mortgage?

He was diagnosed 5 years ago and is now in the late stages.

Asked on July 10, 2015 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you don't already have a power of attorney from him letting you sign this, you will need to have the chancery or surrogate's court declare him incompetent to manage his own affairs and appoint you his guardian. Contact an elder law attorney to help you do this--it's complicated for a non-lawyer.


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