Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Third party proprietary claim
  • 4 Apr 2022

    FWY v. TYCY AND ANOTHER

    Citation
    [2022] HKFC 67
    Court
    Family Court
    Case number
    FCMC9932/2018

    On the balance of probabilities the court found the parties had a tacit common intention that the 1st Property was beneficially owned equally by husband, wife and mother at acquisition (each one‑third) and that no enforceable common intention arose in respect of the 2nd Property in favour of the mother; therefore the mother's proprietary claim in the 2nd Property fails; the matrimonial assets were quantified, a child reserve of HK$864,000 ordered, and the net matrimonial assets divided between husband and wife on a 40%/60% basis with specified lump sum and periodical payments and sale orders.