S -v- J and H and S 5-Dec-2006 [2006] JRC 180A (05 December 2006)

Repayment to intervener is sanctioned only for £10,000 clearly evidenced as a loan; other claimed debts lack sufficient evidence of obligation to repay.

Citation: [2006] JRC 180A
Parties: Husband: Mr S junior; Wife: Mrs S; Intervener (husband's Father): Mr S senior
Jurisdiction: Jersey
Judgment Date: 05 December 2006
Procedural Posture: Divorce / Ancillary Matters; Application for Reimbursement Prior to Asset Distribution
Outcome: Partial repayment ordered
Legal Topics: Divorce, Ancillary Relief, Intervener Claims, Reimbursement of Funds

Family Law Divorce Ancillary Relief Intervener Claims Reimbursement of Funds

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Parties

Mr S junior

Husband

Mrs S

Wife

Mr S senior

Intervener (husband's Father)

Procedural Posture

Divorce / Ancillary Matters; Application for Reimbursement Prior to Asset Distribution

Legal Issues

1 Whether funds advanced by husband's father to the parties were loans or gifts
2 Whether repayment to intervener should occur before distribution of joint assets

Ratio Decidendi

Repayment to intervener is sanctioned only for £10,000 clearly evidenced as a loan; other claimed debts lack sufficient evidence of obligation to repay.

Court Disposition

Partial repayment ordered

Orders

Repayment of £10,000 to intervener (husband's father)
No order as to costs