Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Occupation of matrimonial home

  • 3 Feb 2023

    蔡 對 關及另一人

    Citation
    [2023] HKFC 25
    Court
    Family Court
    Case number
    FCMC12989/2017

    Taking into account statutory s7(1) factors, the husband's effective capital concession (by not seeking division of the wife's HK$2,350,000 property share, equating to an imputed one-off benefit of HK$1,175,000), the parties' incomes and needs, the wife's realistic earning capacity and the imminent fall in her needs when the daughter graduates, the court fixed interim maintenance at HK$5,500 per month payable by the husband to the wife. The concession on the matrimonial home materially reduced the periodic maintenance otherwise required.

  • 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…

  • 19 Apr 2017

    楊 對 陳

    Citation
    楊 對 陳
    Court
    Family Court
    Case number
    FCMC9747/2012

    The judge refused both leave applications because neither party demonstrated a reasonable prospect of success on appeal nor any other cogent reason favouring an appeal in the interests of justice under s63A. The trial judge's factual findings on asset values, inclusion of properties, parties' needs and contributions were detailed, rational and not shown to be plainly wrong; therefore leave to appeal was denied and the ancillary relief orders stand.

  • 22 Mar 2017

    湯 對 徐

    Citation
    湯 對 徐
    Court
    Family Court
    Case number
    FCMC15201/2013

    The court quantified total matrimonial assets at HK$3,379,980.34, held the Jing Cai Street property to be matrimonial (value HK$2,540,000), found husband concealed savings (treated as husband’s assets of HK$300,000 and HK$130,000), applied the equal sharing principle and ordered an immediate division of non‑property assets with deferred sale of the matrimonial home (transfer of 50% title to wife pending sale by 30 Nov 2025), ordered husband to pay wife lump sums totalling HK$439,426.56 (HK$313,048.56 and HK$126,378) within one month of the absolute divorce, continuing monthly child maintenanc…