JH v AM

JH v AM

M P Farm is held both legally and beneficially by Husband and Wife, subject to an agreement that Mr and Mrs H can live there and run the business as long as they wish, provided they pay sufficient monies to cover the mortgage. No constructive trust or proprietary estoppel arises in favour of Mr and Mrs H. Joint assets are to be split equally, with adjustments for CGT and recognition of post-separation contributions.

Parties
Applicant: J H; Respondent: A M
Jurisdiction
England and Wales
Judgment Date
17 March 2004
Procedural Posture
Divorce/ancillary Relief / Final Judgment
Outcome
Joint assets divided equally; no order as to costs.
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Constructive Trust, Proprietary Estoppel, Parental Responsibility, Child Maintenance
Family Law Ancillary Relief Division of Matrimonial Assets Constructive Trust Proprietary Estoppel Parental Responsibility Child Maintenance

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Parties

J H

Applicant

A M

Respondent

Procedural Posture

Divorce/ancillary Relief / Final Judgment

Legal Issues

  1. 1 Whether Mr and Mrs H have a beneficial interest in M P Farm
  2. 2 Proper division of matrimonial assets
  3. 3 Appropriate child maintenance and school fees

Ratio Decidendi

M P Farm is held both legally and beneficially by Husband and Wife, subject to an agreement that Mr and Mrs H can live there and run the business as long as they wish, provided they pay sufficient monies to cover the mortgage. No constructive trust or proprietary estoppel arises in favour of Mr and Mrs H. Joint assets are to be split equally, with adjustments for CGT and recognition of post-separation contributions.

Court Disposition

Joint assets divided equally; no order as to costs.

Orders

  • Former matrimonial home to be transferred to Wife; Husband to pay CGT of £9,327.
  • 21 and 23 The C and development land to be transferred to Husband; Wife to pay CGT of £39,548.