DW & Anor v CG

DW & Anor v CG

The 2009 order gave the wife an immediate equitable interest in the properties, enforceable against the husband and the Second Appellant. This interest was not surrendered or lost during bankruptcy, nor affected by the 2014 Settlement Agreement or Declaration of Trust. The wife's interest remains protected and enforceable, particularly as she was in actual occupation of the property.

Parties
First Appellant: DW; Second Appellant: CW; Respondent: CG
Jurisdiction
England and Wales
Judgment Date
21 November 2016
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part; wife's equitable interest upheld; section 37 order set aside.
Legal Topics
Equitable Interest, Order for Sale, Bankruptcy Proceedings, Enforceability of Equitable Charge, Declaration of Trust, Section 37 Matrimonial Causes Act 1973
Family Law Bankruptcy Law Property Law Equitable Interest Order for Sale Bankruptcy Proceedings Enforceability of Equitable Charge Declaration of Trust +1 more

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Parties

DW

First Appellant

CW

Second Appellant

CG

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Did the 2009 order give the wife an equitable interest in the properties?
  2. 2 What was the effect of the husband's bankruptcy on the wife's interest?
  3. 3 What was the effect of the 2014 Settlement Agreement and Declaration of Trust on the wife's interest?

Ratio Decidendi

The 2009 order gave the wife an immediate equitable interest in the properties, enforceable against the husband and the Second Appellant. This interest was not surrendered or lost during bankruptcy, nor affected by the 2014 Settlement Agreement or Declaration of Trust. The wife's interest remains protected and enforceable, particularly as she was in actual occupation of the property.

Court Disposition

Appeal allowed in part; wife's equitable interest upheld; section 37 order set aside.

Orders

  • The wife's equitable interest in the properties is enforceable against the husband and Second Appellant.
  • The section 37 order setting aside the Declaration of Trust is set aside.