Hong Kong Case Law: Decisions & Judgments

Topic

Division of matrimonial property

Legal area

Court

12 Sept 2025

王對熊

Citation

[2025] HKFC 152
Court

Family Court
Case number

FCJA1847/2015

The former matrimonial home is the sole significant matrimonial asset and its value is sufficient to meet both parties' needs; this is therefore a sharing case. Absent compelling reasons to depart from equal division, a 50:50 split of net sale proceeds is fair. The husband's general assertion of residential need and reliance on joint tenancy does not justify refusal to sell. Accordingly an order for sale with directions and a clean break division of net proceeds 50:50 is made; husband must vacate to enable sale and costs are awarded to the wife.
29 Apr 2024

JWH v. TSM

Citation

[2024] HKCA 388
Court

Court of Appeal
Case number

CAMP479/2022

Leave to appeal was refused because the proposed grounds were not reasonably arguable and the Judge's factual and discretionary conclusions fell within the generous ambit of reasonable disagreement; the proposed fresh evidence, though partly credible and post‑judgment, would not probably have an important influence on the outcome and therefore did not satisfy the Ladd v Marshall criteria for admission on a leave application; the Hadkinson order was refused as unnecessary to the outcome and would not have altered the decision on leave or fresh evidence.
27 Oct 2023

丘對張

Citation

[2023] HKFC 221
Court

Family Court
Case number

FCMC316/2018

The judge found the husband had not shown a reasonable prospect of success on any pleaded ground and no other reason in the interests of justice existed to grant leave under s63A(2); the trial judge had lawfully and properly exercised discretion in respect of costs and property division and no arguable legal or factual error was identified, therefore the application for leave to appeal was dismissed and the applicant ordered to pay the respondent's costs of $1,000 (interim).
28 Aug 2023

丘對張

Citation

[2023] HKFC 169
Court

Family Court
Case number

FCMC316/2018

Court found the Kwun Tong property had become matrimonial by reason of use as the matrimonial home and was therefore divisible; wife was found to be a family child's carer and had undeclared earnings/assets which justified an adverse inference; balancing marriage duration, short period of full cohabitation, non‑matrimonial origin of the property and wife’s concealment, court departed from equal sharing and awarded wife 35% of property value (HK$1,102,500) payable as lump sum within six months of final divorce order and monthly maintenance HK$2,000 until that sum is paid (with prior interim or…
6 Oct 2022

李對陳

Citation

[2022] HKFC 217
Court

Family Court
Case number

FCMC30/2021

Given the parties' respective assets and needs, the matrimonial home should be sold and net sale proceeds divided so that the applicant receives an adjusted greater share to achieve a total award of 53% of the family assets. The respondent must pay immediate outstanding interim maintenance of HKD120,000 and ongoing child maintenance of HKD12,000 per month until completion of sale and HKD18,000 thereafter until the child is 18 or completes full-time education. Solicitors are authorised to sign sale documents for the absent respondent under Cap.336 s38A and sale proceeds must be held and disbur…
24 Dec 2021

WPP v. CYK

Citation

[2021] HKFC 252
Court

Family Court
Case number

FCMC8240/2015

The Draft Minute was given no weight because the husband did not sign it with informed consent or independent legal advice and the clause claiming he had been advised was false; applying the LKW v DD sharing principle to the sole family asset the court ordered the former matrimonial home sold and the net proceeds equally divided between the parties; costs follow the event in favour of the husband.
3 Nov 2021

TJB or JBT v. DMT

Citation

[2021] HKFC 224
Court

Family Court
Case number

FCMC9861/2014

Leave to appeal refused because there was no reasonable prospect of success: the alleged Nepalese legal impediment lacked expert proof and no children intervened; the judge's finding of limited earning capacity was supported by age and pension evidence; and the wife consciously declined to give oral evidence after being advised of the consequences, rendering her appeal fanciful; costs ordered against the wife with requirement for the petitioner’s solicitors to waive further recoveries as specified.
16 Jul 2021

李對李

Citation

[2021] HKFC 140
Court

Family Court
Case number

FCMC8685/2019

The matrimonial home is a matrimonial asset and must be sold and proceeds shared equally. Immediate sale was unnecessary given credibility concerns and conflicting evidence about loan repayments; a two-year delay before sale (sale on or after 1 August 2023) was reasonable. Net proceeds of sale at HKD2,550,000 are to be divided equally between applicant and respondent. No order as to party-and-party costs, but respondent must pay half of the property valuation fee; applicant's legal aid costs to be assessed by Legal Aid Department.
23 Mar 2020

鄧對陳

Citation

[2020] HKFC 37
Court

Family Court
Case number

FCJA3955/2014

Applying s.7 and the authorities the court assessed assets and needs, concluded the wife's disclosure was incomplete (reducing her credibility), excluded the father's post-separation inheritance from the matrimonial pool, applied the sharing principle to the matrimonial assets that derived from the marriage, held equal sharing appropriate overall, but preserved occupation for wife and child until the daughter is 25; consequently the husband was ordered to pay revised monthly maintenance (HK$9,600 spousal; HK$6,400 child), a lump sum balancing payment of HK$251,330, and the matrimonial home to…
23 Jan 2020

WHWV v. WECH

Citation

[2020] HKFC 32
Court

Family Court
Case number

FCMC11636/2019

Leave to appeal was refused because the husband failed to demonstrate a reasonable prospect of success, failed to comply with the court's direction to file an undertaking within the time allowed, and his grounds lacked merits and clarity; there was no other reason in the interests of justice to hear the appeal.