IN v CH

IN v CH

The Wife does not have a beneficial interest in the matrimonial home. Her evidence was inconsistent and undermined by her own documents and the Consent to Mortgage and Waiver of Rights she signed. The Husband’s application to terminate Home Rights is granted, but only upon completion of sale and provision of alternative accommodation. The court cannot order sale of the yacht as it is owned by a third-party company not joined to proceedings. The property should be marketed for sale, with the Wife and children to remain until completion, and detailed directions are given for sale process and provision for alternative accommodation.

Parties
Applicant: IN; Respondent: CH
Jurisdiction
England and Wales
Judgment Date
16 August 2024
Procedural Posture
Family Law Financial Remedies / Judgment After Cross Applications Hearing
Outcome
Wife’s application for conduct of sale of the yacht refused; Husband’s application to terminate Home Rights granted subject to conditions; directions for sale of matrimonial home and provision for Wife and children’s accommodation given.
Legal Topics
Beneficial Interest in Matrimonial Home, Home Rights Termination, Sale of Matrimonial Assets, Maintenance Pending Suit, Married Women's Property Act, Family Law Act 1996 S.33, Proprietary Estoppel, Constructive Trust
Family Law Beneficial Interest in Matrimonial Home Home Rights Termination Sale of Matrimonial Assets Maintenance Pending Suit Married Women's Property Act Family Law Act 1996 S.33 Proprietary Estoppel +1 more

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Parties

IN

Applicant

CH

Respondent

Procedural Posture

Family Law Financial Remedies / Judgment After Cross Applications Hearing

Legal Issues

  1. 1 Whether the Wife has a beneficial interest in the matrimonial home
  2. 2 Whether the Husband can terminate the Wife’s Home Rights under s.33(3)(e) Family Law Act 1996
  3. 3 Whether the court can order the sale of the yacht under the Married Women’s Property Act 1882 or Family Procedure Rules 2010 r.20.2(1)(c)(v)

Ratio Decidendi

The Wife does not have a beneficial interest in the matrimonial home. Her evidence was inconsistent and undermined by her own documents and the Consent to Mortgage and Waiver of Rights she signed. The Husband’s application to terminate Home Rights is granted, but only upon completion of sale and provision of alternative accommodation. The court cannot order sale of the yacht as it is owned by a third-party company not joined to proceedings. The property should be marketed for sale, with the Wife and children to remain until completion, and detailed directions are given for sale process and provision for alternative accommodation.

Court Disposition

Wife’s application for conduct of sale of the yacht refused; Husband’s application to terminate Home Rights granted subject to conditions; directions for sale of matrimonial home and provision for Wife and children’s accommodation given.

Orders

  • Matrimonial home to be marketed for sale; Wife and children to remain until completion or agreed move to rental property.
  • Proceeds of sale (after mortgage, costs, tax) to be held in escrow account onshore.