Dallas, TX asked in Real Estate Law for Oregon

Q: about selling our house

so this house we are at theirs george and mark and mark has said many times that he wants to sell the house but he has gone to a mental health court so george thinks that because of that he cant legally sell the house because hes not mentally capable of making his own decisions but legally he hasnt been determined as incapacitated they havent said anything about his being mentally incapable we were told that if hes mentally incapable we would have to send a paper to his mom to make her the guardianship but she wont sign it so i think we should be able to sell it.

and if not can we petition to make his mom the guardian? she doesnt believe

that hes mentally incapable so she refuses to become the guardian but i dont

think this is even necessary because he hasnt been ruled as mentally incapable.

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1 Lawyer Answer
Anthony M. Avery
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Answered

A: You might start the process by filing an action for Partition, assuming you are one of the owners. The Court may or may not appoint a Guardian for the disabled owner.

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