Spotlight
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...
Spotlight
Latest articles
Queer(y)ing consummation: an empirical reflection on the Marriage (Same Sex Couples) Act 2013 and the role of consummation
Alexander Maine, Lecturer in Law, Leicester Law School, University of LeicesterKeywords: Consummation – adultery – marriage – empirical research – LGBTQConsummation and...
A v A (Return Without Taking Parent) [2021] EWHC 1439 (Fam)
(Family Division, MacDonald J, 18 May 2021)Abduction – Application for return order under Hague Convention 1980 - Art 13(b) defence – Whether mother’s allegations against the father...
Domestic Abuse Toolkit for Employers
The Insurance Charities have released an update to the Domestic Abuse Toolkit for Employers.Employers have a duty of care and a legal responsibility to provide a safe and effective work...
Two-week rapid consultation launched on remote, hybrid and in-person family hearings
The President of the Family Division, Sir Andrew McFarlane, has announced the launch of a two-week rapid consultation on remote, hybrid and in-person hearings in the family justice system and the...
Pension sharing orders: Finch v Baker
The Court of Appeal judgment in Finch v Baker [2021] EWCA Civ 72 was released on 28 January 2021. The judgment provides some useful guidance on not being able to get what are essentially...
View all articles
Authors

FINANCIAL REMEDIES: M v S

Sep 29, 2018, 21:09 PM
Slug : financial-remedies-m-v-s
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jul 1, 2013, 08:30 AM
Article ID : 102935

(Family Division, Coleridge J, 28 June 2013)

Following the marriage the husband and wife lived at the husband's parents' address. Several months later the wife moved into another property owned by the company and purchased by the father-in-law. The wife claimed this had been part of a plan for the couple to move in together while the husband claimed the wife moved while his parents were out of the country with no permission to do so.

When the wife petitioned for divorce she remained living in the property and sought financial relief. The father-in-law issued a notice to quit upon the wife and an OS v DS hearing took place to determine whether the husband had any interest in the property.

The husband, relying on documentary evidence claimed he had no interest in the property which had been purchased by his father prior to the relationship with his wife commencing. The wife claimed the husband had always told her it was his property and that it would be the matrimonial home. Evidence was also placed before the court in relation to the husband's medical conditions, high functioning Asperger's syndrome and depression.

The court found that the issues had to be determined in light of the husband's mental condition which may well have caused him to create the impression that he owned the property and that it would become the matrimonial home. That was part of his presentation and it was not unreasonable for the wife to believe him. The documentary evidence showed that the husband's father had purchased the property and there was nothing to suggest fraud or forgery. On the basis that the husband's father had always been the beneficial owner of the property, the wife's claim was struck out for having no prospect of success.

 

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