Q&As

Does the court have the power to remove a spouse from a property where they have failed to comply with an order providing for a lump sum payment to the other party as to their interest in that property?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 01 November 2018
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In the specific scenario of this Q&A, the lump sum payment is being paid to the Receiving party in exchange for them transferring their interest in a particular property to the Paying party. A pre-emptive step that could be taken when drafting the final order is to provide that in the event the lump sum payment is not paid by a particular date, that this triggers an order for sale of the property and appropriate division of the net Equity upon sale. Another incentive to ensure payment of the lump sum which can be dealt with in the drafting, is to provide that the transfer of the receiving party’s legal and beneficial interest in the property takes place simultaneously with payment of the lump sum. If the lump sum is not paid, then the receiving party

Katherine Illsley
Katherine Illsley

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

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Jurisdiction(s):
United Kingdom
Key definition:
Receiving party definition
What does Receiving party mean?

A party to detailed assessment proceedings who is entitled to recover from another party the costs which are the subject of the assessment.

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