Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
JM v RM [2021] EWHC 315 (Fam)
(Family Division, Mostyn J, 22 February 2021)Abduction – Wrongful retention – Hague Convention application – Mother decided not to return to Australia with children – COVID 19...
Re A (A Child) (Hague Convention 1980: Set Aside) [2021] EWCA Civ 194
(Court of Appeal (Civil Division), Moylan, Asplin LJJ, Hayden J, 23 February 2021)Abduction – Hague Convention 1980 – Return order made – Mother successfully applied to set aside due...
Disabled women more than twice as likely to experience domestic abuse
The latest data from the Office of National Statistics shows that, in the year ending March 2020, around 1 in 7 (14.3%) disabled people aged 16 to 59 years experienced any form of domestic abuse in...
The President of the Family Division endorses Public Law Working Group report
The Courts and Tribunals Judiciary has published a message from the President of the Family Division, Sir Andrew McFarlane, in which the President endorses the publication of the President’s...
HMCTS updates online divorce services guidance
HM Courts and Tribunals Service have recently updated the online divorce services guidance with the addition of guides for deemed and dispensed service applications, alternative service...
View all articles

PROPERTY: Ashby v Kilduff [2010] EWHC 2034 (Ch)

Sep 29, 2018, 17:32 PM
Slug : 2010EWHC2034
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Sep 22, 2010, 09:55 AM
Article ID : 91431

(Chancery Division; Bernard Livesey QC sitting as a deputy judge of the HC; 30 July 2010)

A cohabiting same-sex couple (one an MP, the other a doctor) each bought a flat in the same building. The couple then renovated flats to create single living space with two separate titles.

After the MP lost libel proceedings in respect of his relationship with the doctor, he transferred his flat to the doctor to ensure it did not have to be sold. When relationship ended some years later, the MP claimed the doctor held the property by way of a constructive/resulting trust for him. The doctor argued that the MP sold him the whole of his legal and beneficial interest in the property.

Held that the property was held by the MP and the doctor as legal and beneficial joint tenants: that the property was held subject to a trust that the MP was responsible for all outgoings and entitled to the income from the property during his lifetime. The doctor  was entitled to sever the beneficial joint tenancy and he did so in June 2009, the effect of this was they held the legal interest in the property as legal joint tenants but the beneficial interest as tenants in common but subject to the same trust as before, which will not have been affected by the Notice of Severance.


Family Law Reports

Family Law Reports are relied upon by the judiciary, barristers and solicitors and the reports are cited daily in court and in judgments.

They contain verbatim case reports of every important Family Division, Court of Appeal, House of Lords and European courts case, and also includes practice directions, covering the whole range of family law, public and private child law.

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from