Q&As

Where a financial order contains provision for the parties to have joint conduct of the sale of a property, does the conveyancer need permission from both parties to distribute the proceeds of sale, where there is provision in the order for the proceeds to be distributed?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 06/07/2018

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

  • Where a financial order contains provision for the parties to have joint conduct of the sale of a property, does the conveyancer need permission from both parties to distribute the proceeds of sale, where there is provision in the order for the proceeds to be distributed?

It is a common feature of financial remedy orders that a property (often the matrimonial home) will be sold, whether immediately or on the happening of a future trigger event, and the net proceeds of sale be divided between the parties in the proportions contained within the order. Consequential standard directions will also be given in respect of the parties agreeing an estate agent and a conveyancer and for the payment of any encumbrances. The court may also order that the parties have joint conduct of the sale.

The order is binding upon the parties, but does not impact upon the obligations and duties of non-parties. Therefore, the relationship between the parties and the appointed conveyancer is not governed by the terms of the order but instead by the terms of the retainer agreed between the parties and the conveyancer. As a result, where one party, following sale, instructs the conveyancer not to distribute the proceeds, the co

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