Can I disregard capital

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    cheryl b

    Hi Everybody,

    I have a claim where a couple have divorced and the marital home sold (the wife is now renting the house back from the new owner as she wanted to stay in the area for the kids but that’s a different issue!).

    The proceeds from the sale (£37000) have been lodged with the claimants solicitor who is refusing to release them. This is because the claimant’s husband will not agree to £12000 of debts being settled from the proceeds. Therefore the claimant is due to receive approx. £12500 but cannot get her hands on it at the moment.

    I can’t see any reference to this situation under the regs anywhere (all I can see is references to ‘property’ in dispute which I assume refers to actual property and not cash).

    Any help much appreciated 😕


    If you are satisfied that your claimant cannot actually get their hands on the money, you can disregard it until such time as it becomes available to her – she has legal, but not beneficial ownership.

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