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Ask Ronan Your Own Question
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2206
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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Under a divorce court order in 2011 I was granted 60% of proceeds

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Under a divorce court order in 2011 I was granted 60% of proceeds of sale of land, including 10% for my dependent daughter. The land has not been sold to date. My ex-husband died last November. I have called on the executor of my late ex-husband's estate to transfer title to me as I do not have title on the folio. Am I entitled to demand sole title to the lands as a whole or can I claim joint title with the beneficiary of the 40%? My understanding is that any issue regarding title is separate to taking out probate and not conditional on it. Is this correct? Can title be transferred to me before probate is taken out?
I'll answer your questions numerically;

1. Firstly, No, you are not entitled to the transfer of ownership of the land. You are entitled to register the court order as a burden on the folio which will have to be discharged on the sale. You can ask your solicitor to attend to this

2. The title is separate to the probate but the title is currently held by the deceased and nothing can be done with it until such time as a grant of probate issue to the Executor

3. No title can't be transferred to you before probate is taken out. You could apply to the court for a direction based on the divorce proceedings asking seeking an property adjustment order that the property be placed as tenants in common between you and the executor in a 40-60 split once the grant issues
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