Q&As

The former matrimonial home is owned by the parties and also a parent of one of the parties. An agreement has been reached for payment of a lump sum and a Mesher order. Will the parent need to be joined to the proceedings for such an order to be effective?

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Produced in partnership with Paul Infield of The 36 Group
Published on LexisPSL on 06/10/2020

The following Family Q&A produced in partnership with Paul Infield of The 36 Group provides comprehensive and up to date legal information covering:

  • The former matrimonial home is owned by the parties and also a parent of one of the parties. An agreement has been reached for payment of a lump sum and a Mesher order. Will the parent need to be joined to the proceedings for such an order to be effective?

Before deciding whether to make an order under section 24A of the Matrimonial Causes Act 1973 (MCA 1973) for the sale of a property in which a third party also has a beneficial interest, it is the duty of the court to give the third party an opportunity to make representations with respect to the order. Such representations are included among the circumstances to which the court is required to have regard under MCA 1973, s 25.

Even where there is no dispute about the third party's interest in an asset, it may be necessary for the third party to be joined to the proceedings to be heard on the question of how that asset is to be dealt with. Before the court is able to make an order for the sale of a property in which a third party has an interest, the third party must be heard on the issue. MCA 1973, s 24A(6) makes it clear that:

‘Where a party to a marriage has a beneficial interest in any property, or in the proceeds of sale thereof, and some other person who is not a party to the marriage also has a beneficial in

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