P v P (Inherited Property) [2004] EWHC 1364 (Fam) (08 June 2004)

P v P (Inherited Property) [2004] EWHC 1364 (Fam) (08 June 2004)

In the circumstances of this long marriage, where the bulk of the assets are inherited by the husband and the wife's needs can be met without compelling a sale of the farm, fairness requires an award based on the wife's reasonable needs for accommodation and income, not a percentage division. The wife is awarded a lump sum for housing and capitalised maintenance, plus child maintenance and school fees, but not a share of the inherited assets beyond her needs.

Citation
[2004] EWHC 1364 (Fam)
Parties
Petitioner: P (wife); Respondent: P (husband)
Jurisdiction
England and Wales
Judgment Date
08 June 2004
Procedural Posture
Ancillary Relief (financial Remedy) Proceedings Following Divorce / Final Judgment
Outcome
Lump sum and maintenance orders granted in favour of the wife, based on needs; no percentage division of assets.
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Inherited Property, Needs Based Assessment, Child Maintenance, School Fees
Family Law Ancillary Relief Division of Matrimonial Assets Inherited Property Needs Based Assessment Child Maintenance School Fees

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Parties

P (wife)

Petitioner

P (husband)

Respondent

Procedural Posture

Ancillary Relief (financial Remedy) Proceedings Following Divorce / Final Judgment

Legal Issues

  1. 1 How should matrimonial assets, including inherited property, be divided on divorce in a long marriage where most assets are inherited by one party?
  2. 2 Should the wife's claim be assessed on a percentage basis or by reference to her reasonable needs?
  3. 3 To what extent should the husband's inherited farm be protected from sale to meet the wife's claims?

Ratio Decidendi

In the circumstances of this long marriage, where the bulk of the assets are inherited by the husband and the wife's needs can be met without compelling a sale of the farm, fairness requires an award based on the wife's reasonable needs for accommodation and income, not a percentage division. The wife is awarded a lump sum for housing and capitalised maintenance, plus child maintenance and school fees, but not a share of the inherited assets beyond her needs.

Court Disposition

Lump sum and maintenance orders granted in favour of the wife, based on needs; no percentage division of assets.

Orders

  • Husband to pay wife a lump sum of £575,000 (comprising £400,000 for housing and £175,000 capitalised maintenance)
  • Husband to pay child maintenance of £4,000 per annum per child until end of secondary education or completion of first degree