SG v PG [2006] EWHC 2010 (Fam) (27 July 2006)

SG v PG [2006] EWHC 2010 (Fam) (27 July 2006)

The court found that the properties and mortgage repayments made in the husband's name with his parents' money were not gifts but were held on trust for the parents, as the husband acted under a valid power of attorney and there was no evidence of an intention to gift. The wife's removal of cash, though deceitful, did not reach the threshold of conduct that would justify reducing her award. The wife failed to prove the husband had undeclared cash income. The Interveners were properly joined and their costs were to be borne by the wife. The assets were divided with priority to the husband's need to house himself and his children, and the wife's claim for a lump sum adjournment was refused.

Citation
[2006] EWHC 2010 (Fam)
Parties
Applicant: SG; Respondent: PG; 1st Intervener: IG (By the Official Solicitor acting as Guardian ad Litem); 2nd Intervener: JF & CP (The Personal Representatives of the Estate of BG)
Jurisdiction
England and Wales
Judgment Date
27 July 2006
Procedural Posture
Ancillary Relief (financial Remedy) Following Divorce / Final Judgment After Contested Hearing
Outcome
Application for ancillary relief determined; wife's claim for inclusion of properties and mortgage repayment as gifts dismissed; assets divided with priority to husband's housing needs; wife ordered to pay Interveners' costs; no discount to wife's award for conduct; lump sum claim not adjourned.
Legal Topics
Ancillary Relief, Matrimonial Finance, Powers of Attorney, Presumption of Advancement, Undue Influence, Costs Orders
Family Law Ancillary Relief Matrimonial Finance Powers of Attorney Presumption of Advancement Undue Influence Costs Orders

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Parties

SG

Applicant

PG

Respondent

IG (By the Official Solicitor acting as Guardian ad Litem)

1st Intervener

JF & CP (The Personal Representatives of the Estate of BG)

2nd Intervener

Procedural Posture

Ancillary Relief (financial Remedy) Following Divorce / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether properties and mortgage repayments made in husband's name with parents' money were gifts or held on trust for parents; Whether wife's conduct in removing cash affects her entitlement; Whether husband had undeclared cash income; Appropriate division of assets and costs liability

Ratio Decidendi

The court found that the properties and mortgage repayments made in the husband's name with his parents' money were not gifts but were held on trust for the parents, as the husband acted under a valid power of attorney and there was no evidence of an intention to gift. The wife's removal of cash, though deceitful, did not reach the threshold of conduct that would justify reducing her award. The wife failed to prove the husband had undeclared cash income. The Interveners were properly joined and their costs were to be borne by the wife. The assets were divided with priority to the husband's need to house himself and his children, and the wife's claim for a lump sum adjournment was refused.

Court Disposition

Application for ancillary relief determined; wife's claim for inclusion of properties and mortgage repayment as gifts dismissed; assets divided with priority to husband's housing needs; wife ordered to pay Interveners' costs; no discount to wife's award for conduct; lump sum claim not adjourned.

Orders

  • Properties and mortgage repayment not included in matrimonial assets; held on trust for parents.
  • Wife to pay costs of First and Second Interveners.