P v P (Inherited Property)
The wife's award should be based on her reasonable needs for accommodation and income, not a percentage division of assets, due to the husband's inherited farm, the expectation of retention in specie, and the devastating impact of forced sale; fairness requires meeting but not exceeding her needs.
- Parties
- Petitioner: Mrs P; Respondent: Mr P
- Jurisdiction
- England and Wales
- Judgment Date
- 08 June 2004
- Procedural Posture
- Ancillary Relief Proceedings / Judgment
- Outcome
- Lump sum and maintenance orders granted in favour of wife and children.
- Legal Topics
- Ancillary Relief, Division of Matrimonial Assets, Maintenance, Child Support, School Fees, Inherited Property
Case Brief
Summary, issues, holding and outcome
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Parties
Mrs P
Petitioner
Mr P
Respondent
Procedural Posture
Ancillary Relief Proceedings / Judgment
Legal Issues
- 1 Appropriate division of matrimonial assets where most assets are inherited
- 2 Assessment of wife's reasonable needs for accommodation and income
- 3 Capitalisation of periodical payments
Ratio Decidendi
The wife's award should be based on her reasonable needs for accommodation and income, not a percentage division of assets, due to the husband's inherited farm, the expectation of retention in specie, and the devastating impact of forced sale; fairness requires meeting but not exceeding her needs.
Court Disposition
Lump sum and maintenance orders granted in favour of wife and children.
Orders
- Husband to pay wife lump sum of £575,000 (£400,000 for housing, £175,000 capitalised maintenance)
- Husband to pay child maintenance of £4,000 per annum per child
Full Case Text
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