Family Law Hub

Property Interests

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  • In financial remedy proceedings, the husband was trying to thwart the wife's claim by asserting that the business and the properties were owned by his mother, in a situation where the true owners had been camouflaged. In virtually every case the actual facts would determine the real ownership of a piece of property, and an enquiry into real ownership would consider the intentions of the relevant actors. Conveyancers were urged to record how the beneficial interest is to be held. Mostyn J found that the business and properties were owned 50:50 by the husband and wife. Judgment, 27/03/2019, free
  • The Claimant claimed that he was the sole beneficial owner of three properties and sought declarations to that effect, orders that they be transferred into his sole name and consequential relief. His claims were successful. Judgment, 14/03/2019, free
  • 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

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