Hong Kong Case Law: Decisions & Judgments

Topic

Sale of matrimonial home

Legal area

Court

22 May 2024

楊對曾

Citation

[2024] HKCA 416
Court

Court of Appeal
Case number

CAMP170/2023

Leave to appeal was refused because the application was filed late without an acceptable explanation, the proposed grounds lacked a real prospect of success (many complaints were either re‑litigation of fact findings, new matters not raised at trial, or matters the judge had considered), and there was no other reason in the interests of justice to hear the appeal; accordingly the summons dated 24 April 2023 was rescinded.
20 Mar 2024

CM v. GRP

Citation

[2024] HKFC 51
Court

Family Court
Case number

FCMC1915/2019

Applying Order 62 rule 28A and established authorities, the court held the husband's claimed bill was grossly excessive compared with customary awards; applying the two-thirds benchmark to an upper-range solicitor cost of HKD 25,000 for comparable applications produced HKD ~16,667, rounded to HKD 17,000, which the court awarded to the husband to be deducted from the wife's share of the net sale proceeds; no order as to the Consent Summons.
18 Oct 2023

SPY v. KYH by guardian ad litem, KWOK IAN CHIN YEUNG

Citation

[2023] HKFC 214
Court

Family Court
Case number

FCMC7988/2007

Applying MPPO s7 and guidance in LKW v DD, the court assessed assets and needs, found available assets insufficient to meet both parties' needs so the sharing principle did not apply; having drawn an adverse inference from the respondent/GAL's failure to disclose, the court ordered sale of the matrimonial home and directed that, after deductions and subject to the Director of Legal Aid's first charge, any net sale proceeds be paid to the petitioner, and dismissed remaining ancillary relief claims.
12 Jun 2023

鄭對陳

Citation

[2023] HKFC 105
Court

Family Court
Case number

FCMC12677/2019

Court applied the statutory s.7 factors and LKW five-step approach. Both parties failed full financial disclosure; court drew adverse inferences that the husband held undisclosed interests in SLL and mainland properties and that the wife understated receipts/proceeds. Starting from equal sharing but adjusting for proven nondisclosure and the husband's higher overall assets and earning capacity, the court awarded 65% of net sale proceeds of the matrimonial home (25D) to the wife and 35% to the husband, ordered sale within six months at not less than HKD 7,300,000, dismissed the wife's separate…
31 Mar 2023

楊對曽

Citation

[2023] HKFC 63
Court

Family Court
Case number

FCMC2312/2017

Applying s63A and the established appellate standard of deference to discretionary decisions, the court found neither party demonstrated a reasonable prospect of success nor other compelling reasons to hear the appeals; the alleged factual errors were either misreadings of the judgment or immaterial to the discretionary outcome, so both leave applications were refused and a provisional costs order was made.
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…
26 Sept 2022

FKYP v. KHYF

Citation

[2022] HKFC 196
Court

Family Court
Case number

FCMC17515/2013

The Wife's application to postpone sale was dismissed because she failed to demonstrate a new or unexpected change in circumstances or supply expert evidence of a material fall in market value; the court varied the sale order to include practical mechanisms to effect sale where the Wife is uncooperative (appointment of solicitor and single joint expert by the Husband if no agreement, public auction with reserve based on expert estimate, Wife to deliver vacant possession and sign documents or be signed for under s.38A DCO), retained the original division of net proceeds (40% Husband/60% Wife)…
15 Mar 2022

雷對徐

Citation

[2022] HKFC 49
Court

Family Court
Case number

FCMC1420/2019

The court applied the statutory factors and LKW v DD methodology, found no sufficient reason to depart from equal sharing of the matrimonial home, ordered sale of the home with net proceeds to be split 50:50, concluded that child reasonable needs (including current private school fees) justify maintenance set at HKD10,000 monthly payable by the father until the child is 18 or completes full‑time university, increased interim maintenance for a past period resulting in a HKD90,000 award, and directed specified reimbursements and a capitalised reserve to be lodged in court to secure future maint…
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.
17 Nov 2020

毛對朱及另二人

Citation

[2020] HKFC 233
Court

Family Court
Case number

FCMC12153/2017

Applying s.7(1) and the sharing principle as explained in LKW v DD and White v White, the court identified and valued the assets, assessed respective needs and earning capacities, found no special contribution or conduct warranting departure from equality sufficient to justify a major deviation, and ordered a near-equal division of matrimonial assets by awarding 45% to husband and 55% to wife with sale of the matrimonial home and retention of the mainland property by the wife to meet needs; husband to pay the monetary equalisation sum of HK$280,480 to wife within 14 days of receipt of sale pr…