If my ex-husband were made a ward of court, what would be the consequences regarding the sale of the land? As majority owner, would I still have authority to make decisions regarding price, etc and choice of auctioneer? Could a sale be forced on me? Also in the circumstances, is there any possibility of the court putting me in charge and should I request this?
1. If your husband were made a Ward of court, it would then mean that all decisions in relation to him and his assets, including the land, would be made by the appointed committee on his behalf. In essence, you would then have to deal with the Committee and their view of the matter. Secondly, as majority owner, you would be able to agree matters such as choice of auctioneer. However, you would not be able to set the price, unless it was agreed. Thirdly, at any stage, one co-owner can force a sale by way of court order, seeking Partition & Sale. The law does not "lock-in" one co-owner into property ownership. Fourthly, in theory you could be made part of the Committee handling your ex husband's affairs. However, in practice, where you are litigating with him, the court will not appoint you to handle his affairs as there is a clear conflict of interest between those of yours and his interests.
How would this committee be appointed? What sorts of people would be on it?
2. This Committee would be appointed from family members and close friends. Basically people who have an interest in the well-being of your ex husband. The court will choose people who have the best interests of your ex husband. Normally, it would include someone who has extensive experience of business or the affairs of life.
That's great. Thank you.
Barrister 17 years experience
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