Husband in £4m divorce ‘should count himself lucky’ – Daily Telegraph

Posted November 8th, 2011 in appeals, divorce, financial provision, matrimonial home, news by sally

“The question: what are the ‘reasonable needs’ of a 55-year-old divorced woman with one teenage child still living at home? The answer, the appeal court ruled yesterday, is a nine-bedroom country house with 40 acres of parkland, a £1.65 million lump sum and £75,000-a-year child maintenance.”

Full story

Daily Telegraph, 8th November 2011

Source: www.telegraph.co.uk

Spouses have no right to lottery winnings – Daily Telegraph

Posted October 18th, 2011 in gambling, marriage, matrimonial home, news by sally

“If your spouse picks the winning numbers, you are entitled to a share of the jackpot only if he or she invests it in a shared asset such as the family home, a High Court judge ruled yesterday.”

Full story

Daily Telegraph, 18th October 2011

Source: www.telegraph.co.uk

Court to rule on unmarried couples’ property rights – BBC News

Posted May 4th, 2011 in cohabitation, divorce, matrimonial home, news, precedent by sally

“The Supreme Court is hearing a case which could have a dramatic effect on the property rights of unmarried couples who split up.”

Full story

BBC News, 4th May 2011

Source: www.bbc.co.uk

Stonham v Ramrattan and another – WLR Daily

“Section 283A of the Insolvency Act 1986, which gave a trustee in bankruptcy three years from the date of the bankruptcy to decide what to do about any interest in a house inhabited by the bankrupt or their current or former spouse or civil partner, was concerned only with property which actually formed part of the bankrupt’s estate at the time at the commencement of the bankruptcy. It did not apply to property currently vested in a third party but in respect of which a claim to set aside a transaction at an undervalue might be made under section 339 of the 1986 Act, in respect of which the limitation period remained the 12 years provided for under section 8 of the Limitation Act 1980.”
WLR Daily, 17th February 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Yemshaw v Hounslow London Borough Council – WLR Daily

Posted January 28th, 2011 in domestic violence, homelessness, law reports, matrimonial home by sally

Yemshaw v Hounslow London Borough Council [2011] UKSC 3; [2011] WLR (D) 18

 ” ‘Domestic violence’ in section 177(1) of the Housing Act 1996 included physical violence, threatening or intimidating behaviour and any other form of abuse which, directly or indirectly, might give rise to the risk of harm.”

WLR Daily, 26th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Marital property agreements (pre-nuptial and post-nuptial agreements) – Law Commission

Posted January 12th, 2011 in consultations, matrimonial home, news, prenuptial agreements by sally

“On 11 January 2011 we published a consultation paper. This reviews the current law of marital property agreements, discusses options for reform and puts forward questions for consultees. The consultation closes on 11 April 2011.”

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Law Commission, 11th January 2011

Source: www.lawcom.gov.uk

Court battle of wife and mistress settled – The Independent

Posted May 1st, 2010 in domicile, matrimonial home, news by sally

“The court battle between the wife and former mistress of an accountant over the £3.2 million property portfolio he built up came to an abrupt halt today (30 April).”

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The Independent, 30th April 2010

Source: www.independent.co.uk

Wife wins mortgage appeal after husband’s affair – The Independent

Posted March 25th, 2010 in appeals, matrimonial home, mortgages, news, repossession, undue influence by sally

“A wife who signed a joint remortgage with her husband while he was having an affair will no longer have to meet her repayments, the Court of Appeal ruled today.”

Full story

The Independent, 24th March 2010

Source: www.independent.co.uk

Lewis and another v Metropolitan Property Realisations Ltd – WLR Daily

Lewis and another v Metropolitan Property Realisations Ltd [2009] EWCA Civ 448; [2009] WLR (D) 189

“The word ‘realise’ in the context of s 283A(3)(a) of the Insolvency Act 1986 was not, in its context, capable of covering a transaction where there was deferred monetary consideration during the period before that consideration came in, so that a bankrupt’s interest in property that had formerly vested jointly in him and his wife revested in him on the third anniversary of his bankruptcy despite his trustee in bankruptcy having assigned that interest to a creditor by way of an agreement for consideration of £1 and 25% of any eventual sale of the interest.”

WLR Daily, 17th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Everitt v Budhram (a bankrupt) and another – WLR Daily

Posted May 26th, 2009 in bankruptcy, law reports, matrimonial home, trustees in bankruptcy by sally

Everitt v Budhram (a bankrupt) and another [2009] WLR (D) 167

“The ‘needs’ of a bankrupt within s 335A(2) of the Insolvency Act 1986 should be given a wide interpretation and could include his financial, medical, emotional and mental needs.”

WLR Daily, 21st May 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ansari v Ansari – Times Law Reports

Ansari v Ansari

Court of Appeal

“A charge on a property which was not in itself a reviewable disposition was not to be set aside as a result of setting aside the transfer of a property by a husband to defeat his wife’s rights, which was a reviewable disposition.”

The Times, 16th January 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Ansari v Ansari (Bank of Scotland plc intervening) – WLR Daily

Ansari v Ansari (Bank of Scotland plc intervening) [2008] EWCA Civ 1456; [2008] WLR (D) 413

“Where a disposition of property made with the intention of reducing financial relief had been followed by further transactions made for valuable consideration and in good faith, the discretion conferred by s 37(3) of the Matrimonial Causes Act 1973 would not be used to set aside, as a consequence of setting aside the original reviewable disposition under the Act, a charge, not in itself a reviewable disposition which had been granted by the purchaser on the security of the property.”

WLR Daily, 5th January 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Turner and Another v. Avis – Times Law Reports

Posted August 22nd, 2007 in bankruptcy, law reports, matrimonial home by sally

Trustee gets former wife’s home

Turner and Another v. Avis

Court of Appeal

“Equity jurisdiction enabled a trustee in bankruptcy to enforce a trust for sale of a matrimonial home held jointly by the bankrupt and his former wife under a property adjustment order made more than twenty years ago.”

The Times, 22nd August 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Hill and Another v. Haines – Times Law Reports

Posted May 14th, 2007 in bankruptcy, divorce, law reports, matrimonial home by sally

Family home is at risk from trustee after court transfer 

Hill and Another v. Haines

Chancery Division

“Where an interest in property was transferred under a property adjustment order in matrimonial proceedings by a spouse who was later made bankrupt, the transfer could constitute a transaction at an undervalue and be set aside on application by the trustees in bankruptcy.”

The Times, 14th May 2007

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Hill and another v. Haines – WLR Daily

Posted May 10th, 2007 in bankruptcy, divorce, law reports, matrimonial home by sally

Hill and another v. Haines [2007] EWHC 1012 (Ch)

“Since an applicant for ancillary relief under ss 23 to 25 of the Matrimonial Causes Act 1973 did not give consideration in “money or money’s worth” within the meaning of s 339(3)(c) of the Insolvency Act 1986 for relief obtained, any transfer of property made by a bankrupt ex-spouse pursuant to either a court order made in the ancillary proceedings, or a settlement agreement, was a transaction at an undervalue and would be set aside on application by the trustees in bankruptcy.”

WLR Daily, 3rd May 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.