A v N

A v N

R has a beneficial interest in the FMH arising from funding and maintaining the Annexe, quantified at 12% of net proceeds of sale; the FMH must be sold to meet both parties' housing needs, with proceeds divided 12% to R, 56% to W, and 32% to H; stepped spousal maintenance is ordered for W; H to pay 70% of R's intervention costs; no costs order between H and W.

Parties
Applicant: A; Respondent: N; Intervenor: R
Jurisdiction
England and Wales
Judgment Date
11 April 2025
Procedural Posture
Financial Remedy Upon Divorce With Third Party Intervention / Final Judgment
Outcome
FMH to be sold; proceeds divided 12% to R, 56% to W, 32% to H; stepped spousal maintenance to W; H to pay £12,600 towards R's costs; no costs order between H and W.
Legal Topics
Financial Remedies, Beneficial Ownership, Constructive Trusts, Matrimonial Causes Act, Trusts of Land and Appointment of Trustees Act, Costs, Sale of Matrimonial Home
Family Law Property Law Financial Remedies Beneficial Ownership Constructive Trusts Matrimonial Causes Act Trusts of Land and Appointment of Trustees Act Costs +1 more

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Parties

A

Applicant

N

Respondent

R

Intervenor

Procedural Posture

Financial Remedy Upon Divorce With Third Party Intervention / Final Judgment

Legal Issues

  1. 1 Whether R has a beneficial interest in the matrimonial home (FMH)
  2. 2 Computation and distribution of matrimonial assets
  3. 3 Valuation of H's business

Ratio Decidendi

R has a beneficial interest in the FMH arising from funding and maintaining the Annexe, quantified at 12% of net proceeds of sale; the FMH must be sold to meet both parties' housing needs, with proceeds divided 12% to R, 56% to W, and 32% to H; stepped spousal maintenance is ordered for W; H to pay 70% of R's intervention costs; no costs order between H and W.

Court Disposition

FMH to be sold; proceeds divided 12% to R, 56% to W, 32% to H; stepped spousal maintenance to W; H to pay £12,600 towards R's costs; no costs order between H and W.

Orders

  • FMH shall be sold forthwith; net proceeds divided 12% to R, 56% to W, 32% to H
  • H to pay spousal maintenance to W: £1,750/month until 1 Oct 2028; £1,250/month until 1 Oct 2030; £750/month until 1 Oct 2032; then clean break, no s.28(1A) bar