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Wodzicki v Wodzicki [2017] EWCA Civ 95

Sep 29, 2018, 19:46 PM
Property – Beneficial interest – Property owned by father and his wife – Woman lived in it and paid all outgoings
The father purchased a property in 1988 which was held in the joint names of the father and his second wife.
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Date : Mar 7, 2017, 05:34 AM
Article ID : 113932

(Court of Appeal, Gloster, David Richards LJJ, Sir Stephen Tomlinson, 24 February 2017)

Property – Beneficial interest – Property owned by father and his wife – Woman lived in it and paid all outgoings

The father purchased a property in 1988 which was held in the joint names of the father and his second wife. The purchase money was provided by way of a loan from a French bank which was discharged and secured upon the father and his wife’s jointly owned house in France. The woman had lived in the property and paid all outgoings such as council tax since it was purchased while the father only ever visited and his second wife had never visited the property.

In 2010 the father died intestate in France. His wife commenced possession proceedings in respect of the English property. The woman defended and counterclaimed asserting that she was the sole beneficial owner.

At trial the judge held that the father’s wife held the property on trust for the woman and herself and directed that the extent of their beneficial interests would be dealt with at a further hearing.

The woman appealed.

The appeal was dismissed. The judge made a finding as to the actual intention of the parties which was open to him and left no room to impute an intention. The approach in Jones v Kernott [2011] UKSC 53 was not appropriate in the circumstances of this case. There was nothing in the relationship between the wife and the woman to indicate that the former would have intended to make a gift to the latter.

Neutral Citation Number: [2017] EWCA Civ 95

Case No: B2/2015/0751

IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE COUNTY COURT AT CENTRAL LONDON
HHJ Faber
3LB00212

Royal Courts of Justice
Strand, London, WC2A 2LL


Date: 24 February 2017

Before:

LADY JUSTICE GLOSTER
Vice President of the Court of Appeal, Civil Division
LORD JUSTICE DAVID RICHARDS
The Rt. Hon. SIR STEPHEN TOMLINSON

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Between:

Juliette Malisz Wodzicki
Appellant

- and -

Monique Wodzicki
Respondent

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 Michael Paget (instructed by Fisher Meredith) for the Appellant
 The Respondent did not appear and was not represented 

Hearing dates : 3 November 2016

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Judgment Approved

Wodzicki v Wodzicki [2017] EWCA Civ 95.rtf
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  • Property
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