AW v RH (Preliminary Issue: Third Party Rights), Re

AW v RH (Preliminary Issue: Third Party Rights), Re

PT did not intend to acquire a beneficial interest in No22 when added to the legal title; RH is solely beneficially entitled to No22. RH had no beneficial interest in No11; SB is solely beneficially entitled to No11. The evidence did not support AW's claims to the contrary.

Parties
Applicant: AW; 1st Respondent: RH; 2nd Respondent: PT; 3rd Respondent: SB
Jurisdiction
England and Wales
Judgment Date
13 November 2024
Procedural Posture
Family/financial Remedy (preliminary Issue) / Preliminary Hearing and Determination of Third Party Property Rights
Outcome
RH is solely beneficially entitled to No22; SB is solely beneficially entitled to No11; findings to be brought into financial proceedings between AW and RH.
Legal Topics
Beneficial Ownership, Trusts of Land, Third Party Rights in Matrimonial Proceedings, Financial Remedy Proceedings
Family Law Property Law Beneficial Ownership Trusts of Land Third Party Rights in Matrimonial Proceedings Financial Remedy Proceedings

Case Brief

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Parties

AW

Applicant

RH

1st Respondent

PT

2nd Respondent

SB

3rd Respondent

Procedural Posture

Family/financial Remedy (preliminary Issue) / Preliminary Hearing and Determination of Third Party Property Rights

Legal Issues

  1. 1 Whether PT holds a beneficial interest in No22 or is a legal owner only
  2. 2 Whether RH holds a beneficial interest in No11 or is a legal owner only

Ratio Decidendi

PT did not intend to acquire a beneficial interest in No22 when added to the legal title; RH is solely beneficially entitled to No22. RH had no beneficial interest in No11; SB is solely beneficially entitled to No11. The evidence did not support AW's claims to the contrary.

Court Disposition

RH is solely beneficially entitled to No22; SB is solely beneficially entitled to No11; findings to be brought into financial proceedings between AW and RH.

Orders

  • No account of rents received is required.
  • Judgment to be published on an anonymised basis.