Podcast Location:
Download it here [file size: 24 MB]
Categories:
Real Estate & Property Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast gives an overview of the various ways in which the matrimonial home can be dealt with on a relationship break-up, either transferring it to one party, selling it and sharing the equity released either jointly or in various proportions or by various charging orders being placed over it, whilst one party remains. It also advises on tax implications of disposals, how to protect matrimonial home rights and all in a practical context - detailing the procedures to be followed.

Outcomes:
After completing the course you will:
  • Know the advantages of proceeding via a court order;
  • Be familiar with how to register matrimonial home rights;
  • Be able to advise on the tax implications of the sale of the matrimonial home;
  • Know how to deal with life assurance policies attached to a mortgage held jointly;
  • Appreciate how one can protect purchasers against the Insolvency Act 2000;
  • Know how to deal with different forms of charging orders which may be placed over the matrimonial home;
  • Know how the statutory charge may affect any advice you provide.
Level:
Beginner Difficulty: 1 of 5
Sources and References:
  • Matrimonial Homes and Property Act 1981;
  • Family Law Act 1996;
  • Land Registration (Amendment) Rules 2008;
  • Barnett v Hassett. [1982] 1 All ER 80;
  • Taxation of Chargeable Gains Act 1992;
  • Finance Act 2003;
  • Insolvency Act 2000;
  • Mesher v. Mesher and Hall [1980] 1 All ER 126.

This podcast explores the various options available when dealing with property as part of a matrimonial break-up, including how to act in accordance with court orders and the various procedures to follow. A must for property practitioners and family lawyers!

Podcast Added: 30/01/2009

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