P -v- Q (Matrimonial) [2013] JRC 148D (29 July 2013)
The wife should have the matrimonial home transferred into her sole name and enjoy the equity, with sole responsibility for the mortgage. The husband is allocated responsibility for repayment of the joint G loan. Only nominal child maintenance is ordered, with review dependent on husband's financial recovery.
- Citation
- [2013] JRC 148D
- Parties
- Husband: Mr Q; Wife: Mrs Q
- Jurisdiction
- Jersey
- Judgment Date
- 29 July 2013
- Procedural Posture
- Divorce / Ancillary Relief Judgment
- Outcome
- assets and liabilities divided; wife awarded matrimonial home; husband allocated joint loan liability; nominal child maintenance ordered
- Legal Topics
- Division of Assets, Child Maintenance, Joint Liabilities, Matrimonial Home
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Q
Husband
Mrs Q
Wife
Procedural Posture
Divorce / Ancillary Relief Judgment
Legal Issues
- 1 whether the wife should retain the matrimonial home
- 2 allocation of joint loan liability
- 3 determination of child maintenance
Ratio Decidendi
The wife should have the matrimonial home transferred into her sole name and enjoy the equity, with sole responsibility for the mortgage. The husband is allocated responsibility for repayment of the joint G loan. Only nominal child maintenance is ordered, with review dependent on husband's financial recovery.
Court Disposition
assets and liabilities divided; wife awarded matrimonial home; husband allocated joint loan liability; nominal child maintenance ordered
Orders
- matrimonial home to be transferred into wife's sole name
- wife to retain present equity and responsibility for mortgage
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