Ansari v Ansari & Ors

Ansari v Ansari & Ors

The charge to the Bank was not a reviewable disposition under section 37(2) as it was not made by the husband. Even if it were, the Bank acted in good faith and without notice of any intention to defeat the wife's claim, so section 37(4) would protect it. Section 37(3) does not empower the court to set aside the Bank's charge in these circumstances.

Parties
Appellant/wife: Adeeba Wahid Ansari; Respondent/husband: Khalid Ansari; Intervenor/purchaser: Mohammed Lulu Miah; Intervenor/purchaser: Aysha Khanom Miah; Intervenor/mortgagee: Bank of Scotland (successor to Halifax PLC) trading as Birmingham Midshires
Jurisdiction
England and Wales
Judgment Date
19 December 2008
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Matrimonial Home Rights, Reviewable Dispositions, Setting Aside Property Dispositions, Mortgagee Rights, Financial Relief in Divorce
Family Law Property Law Matrimonial Home Rights Reviewable Dispositions Setting Aside Property Dispositions Mortgagee Rights Financial Relief in Divorce

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Parties

Adeeba Wahid Ansari

Appellant/wife

Khalid Ansari

Respondent/husband

Mohammed Lulu Miah

Intervenor/purchaser

Aysha Khanom Miah

Intervenor/purchaser

Bank of Scotland (successor to Halifax PLC) trading as Birmingham Midshires

Intervenor/mortgagee

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the charge to the Bank was a reviewable disposition under section 37(2)(b) of the Matrimonial Causes Act 1973
  2. 2 Whether the Bank could rely on section 37(4) as a bona fide purchaser for value without notice of intention to defeat the wife's claim
  3. 3 Whether the charge could be set aside as consequential relief under section 37(3)

Ratio Decidendi

The charge to the Bank was not a reviewable disposition under section 37(2) as it was not made by the husband. Even if it were, the Bank acted in good faith and without notice of any intention to defeat the wife's claim, so section 37(4) would protect it. Section 37(3) does not empower the court to set aside the Bank's charge in these circumstances.

Court Disposition

appeal dismissed

Orders

  • The Bank's charge remains valid and binding as between the Miahs and the Bank, subject to the wife's matrimonial home rights.