Q&As

A financial consent order provided for a jointly owned property to be sold on the parties’ child reaching a specified age and for the proceeds of sale to be divided between the parties. If one of the parties dies shortly after the triggering event, is that party’s estate entitled to their share of the proceeds of sale under the order?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 23/09/2019

The following Family Q&A Produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A financial consent order provided for a jointly owned property to be sold on the parties’ child reaching a specified age and for the proceeds of sale to be divided between the parties. If one of the parties dies shortly after the triggering event, is that party’s estate entitled to their share of the proceeds of sale under the order?

When a property is owned by a husband and wife as joint tenants, they both own the entirety of the property and the death of one results in the surviving joint tenant retaining their ownership of the entirety of the property. It is not possible for either the husband or the wife to leave their ‘share’ as a joint tenant in the property to a third party. When a husband and wife separate and commence divorce proceedings, one of the first steps taken is often to sever any joint tenancy so that the parties hold any property in their joint names as tenants in common. This enables both parties to leave their share in the property to a third party. See Practice Note: Severance of a joint tenancy.

A final order within financial remedy proceedings may pro

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