Both names on title, one in nursing home, can we sell?

[harmonycolo]

What is the name of your state? Colorado
Both of my parents name in on the title to our house. My brother and his wife are getting ready to put my dad in a nursing home. Are we, meaning by we my mother and I, able to sell the house with him being in a nursing home or are we stuck because he can not sign it away? (He is not mentally there anymore)

 

[hexeliebe]

You are stuck, unless one of two things occurs.

1. Pappa and momma die, Pappa dies and momma inherits then sells on her own or;

2. you have a conservator appointed for pappa who then can dispose of the property (as long as momma agrees).

You are forgetting that no matter what happens with pappa, momma still owns the home. And although I have not thoroughly researched the applicable laws for your state, in most cases where a conservator is named for property disposal, those funds must be kept in a trust to pay for pappa's care.

 

[HomeGuru]

Consult with an estate/trust attorney.