Joint sale of house - proceeds given to one party only

[Henny Penny]

If a couple sell the family home, what right does the solicitor representing them have to meet with one of the couple to finalise the close of the sale, and give that same party the proceeds of the sale without the knowledge or agreement of the other party? If a cheque is received, should it be in both party names - ensuring that it is only lodged to a joint account? What recourse does the other partner have against a)the partner who took the money b)the solicitor who gave the money to that partner without the consent of both parties involved?
Thanks as usual
HP

 

[Ravima]

i would trust my other half to do the right thing. However, assuming that all was not well in the relationship, then the cheque should probably be in joint names. That however does not guarantee that it will be paid into a joint account. I have often been able to pay cheques payable to both of us into the one account.

if there is a split in the marriage then the aggrieved party needs tocontact solicitor asap to try to preserve assets.

 

[mf1]

In general both parties should be involved and the final cheque should be payable to both. Its odd that only one person was involved. Its odd that the other person was not involved. However, before laying blame at solicitors door, is it conceivable that wronged party agreed to all of this? Its unlikely that person with money suddenly took it into own head to abscond with funds - is there an ongoing situation which should have been addressed by both parties being separately represented?

mf

 

[Swallows]

Joint name, joint sale, joint cheque, no question.

 

[Perplexed]

"I have often been able to pay cheques payable to both of us into the one account"

This should not have happened. If there ever was a dispute between you & your other half the institution responsible for accepting such cheques is in big trouble.