Hong Kong Case Law: Decisions & Judgments

Topic

Property transfer order

Legal area

Court

29 Sept 2022

NSK v. LYK

Citation

[2022] HKFC 209
Court

Family Court
Case number

FCMC1569/2003

Proper substituted service was effected and the respondent deliberately abstained; the court assessed assets and needs at the hearing date, found the FMH value insufficient to meet past and future maintenance needs of the petitioner and children, applied the s.7 needs‑first approach and ordered transfer of the respondent's interest in the FMH to the petitioner at nil consideration to meet housing and welfare needs and provide stability.
4 May 2021

LKCD v. CJL

Citation

[2021] HKFC 91
Court

Family Court
Case number

FCMC860/2019

Applying MPPO ss.4,6 and the matters in s.7 and guided by LKW v DD and the White v White line, the court concluded the wife’s reasonable needs required a property transfer; the husband’s persistent non‑attendance, failure to disclose finances and conduct in incurring loans justified drawing an adverse inference as to his resources and ordering transfer of his interest in the former matrimonial home to the wife at nil consideration subject to existing charging orders, together with a nominal maintenance order to preserve the wife’s position.
27 Aug 2020

HCMJ v. HYM

Citation

[2020] HKFC 164
Court

Family Court
Case number

FCMC12078/2014

The court found the husband had materially failed to disclose his true financial position, drew adverse inferences, estimated matrimonial assets at least HK$30,000,000, assessed the wife's and children's needs at HK$17,178,189.17, and ordered lump sum maintenance payments (and a transfer of the Land to the wife at nil consideration if the husband failed to pay) to satisfy those needs; the husband's application to vary MPS was dismissed.
29 Nov 2019

洪對孫

Citation

[2019] HKFC 301
Court

Family Court
Case number

FCMC10591/2015

The court found the Jin Feng Road property to be a matrimonial asset held jointly and the Yuquan Road property to be in the husband's sole name; applying Cap.192 ss6 and 7 and LKW v DD guidance, considering parties' incomes, ages, health (wife's cardiac condition), contributions during the marriage and long separation, the fair and appropriate remedy was to order the husband to transfer his interest in the Jin Feng Road property to the wife (with transfer costs shared), each to retain other assets, and interim costs awarded to the wife to be assessed if not agreed. The transfer is to take pla…
14 Oct 2010

LTT v. TTM

Citation

LTT v. TTM
Court

Family Court
Case number

FCMC2679/2009

The court awarded the entirety of the parties net interest in the former matrimonial home (assessed at HKD600,000) to the wife at nil consideration because (1) the children's future needs (assessed at HKD634,000) exceeded the available family asset, (2) the husband was unable to provide reliable periodical maintenance, (3) the wife had greater overall contribution and greater needs, and (4) securing accommodation and liquidity for the children outweighed the equal‑sharing starting point; accordingly no lump sum of HKD150,000 was payable to the husband and the transfer was ordered subject to…
3 Sept 1996

NGAI WONG YUN PING v. NGAI YUN LUNG

Citation

NGAI WONG YUN PING v. NGAI YUN LUNG
Court

Court of Appeal
Case number

CACV50/1996

The order of 15 November 1991 was set aside because s6(a) did not empower the court to order the sale of the matrimonial home and because the transfer was made without the required consent of the Housing Authority under the Home Ownership Scheme; accordingly the whole order was void and a substituted order transferring the husband's legal and beneficial interest to the wife (subject to existing charging order) and ancillary directions was made.
19 Feb 1991

NGAN WAH CHUN WING v. NGAN FUT KAM

Citation

NGAN WAH CHUN WING v. NGAN FUT KAM
Court

Court of Appeal
Case number

CACV146/1990

The Court of Appeal held that the judge erred in making enforceable periodical payments to the wife given the judge's own findings that such orders would be ineffective, and that the wife's reasonable requirements would be adequately and more securely met by affirming the property transfer of the husband's beneficial interest in the matrimonial home. The appeal was allowed in part (periodical payments to wife set aside) and the property transfer order affirmed; a re-trial was refused despite procedural omissions because the outcome would not materially differ and costs would be disproportiona…

Hong Kong Case Law

NSK v. LYK

LKCD v. CJL

HCMJ v. HYM

洪 對 孫

LTT v. TTM

NGAI WONG YUN PING v. NGAI YUN LUNG

NGAN WAH CHUN WING v. NGAN FUT KAM

洪對孫