INHERITANCE

QuestionCan one spouse sell the family home without the other agreeing?

No. A spouse is prevented by law from selling, mortgaging, leasing or transferring the family home without the consent of the other spouse.  This applies regardless of whether one or both spouses own the family home.

In judicial separation and / or divorce proceedings a Court may make a number of different types of orders affecting the family home or other property.

QuestionWhat is a Property Adjustment Order?

In judicial separation and / or divorce proceedings a Court may make a number of different types of orders affecting the family home or other property.

A Property Adjustment Order is a Court Order which determines the transfer of ownership of the family home and /or other property and can even include making any arrangements for its sale. The order must take into account the welfare of dependant spouses and any dependent children.  Dependent children are always the Court’s paramount concern.

House parts