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It depends upon who owns the property. If both names are on the title then each is legally entitled to 50% of the net proceeds.

If the property is in the name of the "other spouse" alone then they have no legal obligation to share the proceeds. Of course, that might change if the couple was in the process of a divorce and the divorce had been filed.

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Q: Is a separated spouse entitled to proceeds resulting from the sale of real estate by the other spouse in WV?
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Does the executor of an estate receive payment for carrying out duties to distribute proceeds of an estate in Ontario Canada?

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