Khalil v Bishieri

The appeal was allowed because the wife presented new evidence of her ability to maintain the mortgage, and there was no prejudice to the husband if the home was transferred to her. The risk of default and consequent sale would exist under either order, and the wife undertook not to seek increased spousal maintenance if unable to pay the mortgage.

Parties: Appellant: Khalil; Respondent: Bishieri
Jurisdiction: England and Wales
Judgment Date: 10 July 2007
Procedural Posture: Civil Appeal / Second Appeal From County Court to Court of Appeal
Outcome: appeal allowed
Legal Topics: Ancillary Relief, Matrimonial Home, Periodical Payments, Pension Sharing, Remortgage, Variation of Order

Family Law Ancillary Relief Matrimonial Home Periodical Payments Pension Sharing Remortgage Variation of Order

Case Brief

Summary, issues, holding and outcome

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Parties

Khalil

Appellant

Bishieri

Respondent

Procedural Posture

Civil Appeal / Second Appeal From County Court to Court of Appeal

Legal Issues

1 Whether the matrimonial home should be sold or transferred to the wife
2 Whether the wife can afford to maintain the mortgage if the home is transferred
3 Whether the lower court's refusal to transfer the home was fair in all the circumstances

Ratio Decidendi

Court Disposition

appeal allowed

Orders

matrimonial home to be transferred to the wife subject to her undertaking not to seek increased spousal maintenance if unable to pay the mortgage
no order for costs