Family Law Hub

Property Interests

Latest updates

  • 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
  • The applicant was claiming declarations as to the beneficial ownership of a property, the registered legal ownership of which was her brother. He had obtained a mortgage to buy the property on behalf of the applicant and her then husband as their credit rating was not sufficient. The declarations were granted. Judgment, 09/08/2018, free
  • In a tweet: Court has power to order sale of property to one beneficiary Judgment, 06/08/2018, free

Latest know-how

Latest training

Latest sources

Copyright 

Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.

Disclaimer

The Family Law Hub website relates to the legal position in England Wales and all of the material within it has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While Mills & Reeve LLP aims to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. You therefore acknowledge and agree that Mills & Reeve LLP and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website except to the extent that such liability cannot be excluded by law.

Bookmark this item