Family Law Hub

Property Interests

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  • The terms of a 2015 financial provision mainframe order were revisited in a judgment which considered how to divide various properties between the husband and wife. Judgment, 30/11/2018, free
  • Wife's application under Part III of the Matrimonial and Family Proceedings Act 1984 following an Egyptian divorce. The wife failed to establish that the documents giving rise to the wider family's beneficial interests in three London properties were forgeries or sham transactions manufactured by the husband for the purposes of this litigation, but the court did make an order allowing her to live rent free in one of the properties until the child turned 18. Judgment, 21/11/2018, free
  • Husband's appeal against the refusal of a stay of the wife's applications under ToLATA in respect of the parties' former matrimonial home, and under Schedule 1 of the Children Act 1989 for a school fees order and child maintenance, was dismissed. Judgment, 13/11/2018, free
  • In brief: An unsuccessful attempt by the wife (“W”) to establish a 50% interest in a property solely owned by the husband (“H”) which was subject to an order for sale in proceedings instigated by H’s creditor. The court was unconvinced by the evidence presented including a declaration of trust allegedly signed in 2003 which the judge found “bore the hallmarks” of having been created much more recently Judgment, 26/10/2018, free
  • The claimant was the third wife of the deceased (who died in 1990) and was making three primary claims: (1) that she was now the sole beneficial owner of the property; (2) in the alternative, that she and the defendants (the deceased's children from his first marriage) became equitable co-owners of the property; (3) in the further alternative, she said that she was entitled, as against the deceased's estate, to her statutory legacy and a capitalised life interest, plus interest at 6% per annum since the date of his death. Judgment, 14/09/2018, free

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