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Stand by your man? The clash of criminal law and family law concerning inter-spousal transfers of assets
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The judgment of the Court of Appeal in
R v Hayes [2018] EWCA 682 is a stark and unsettling reminder of how occasionally a family court and a criminal court may deliver contradictory judgments on the same facts.
The case concerned the Old Rectory, a house in Surrey. Mr and Mrs Hayes purchased it for £1.2m in late 2011. It was transferred into their joint names and they both made a declaration of trust stating that they held it as joint tenants. Notwithstanding that the purchase funds were provided entirely by Mr Hayes, it is self-evident that they intended to own the house equally. They took discrete measures to rebut any presumption that they intended that the beneficial interest in it be shared in proportion to their financial contributions to its acquisition. Thereafter they lived together in the house and Mrs Hayes was full time at home looking after the children, the upkeep of the house and supporting the career of her husband.
Read the full article here.
