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If you have an LPA, with your daughters as Attorneys, is your wife entitled to any money from the house sale -in your deed name only -by divorcing you? Also can your Attorneys prevent the sale?


  • Keep_pedalling
    Keep_pedalling Forumite Posts: 14,802
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    The distribution of martial assets on divorce will be down to a court unless the couple can come to some mutual agreement.

    Attorneys have no special powers to do that.

    Does the donor still have their full mental faculties?
  • elsien
    elsien Forumite Posts: 31,111
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 4 June at 8:08PM
    Marital rights and financial settlements are exactly the same whether there is an LPA in place or not.
    It’s not a way to fiddle a spouse out of their share of any marital assets.
    if one party lacks capacity for the divorce itself, they would need a litigation friend to go through the court process.
     As far as division of assets go, a power-of-attorney for someone who lacks capacity would find it hard to explain why they were running up increased costs by refusing to pay any assets owed through the financial settlement. And may well end up being referred to the OPG for not acting in the donors best interests.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
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