O'Connor v O'Connor (nee Gosling) [1974] JJ 179 (05 December 1974)

It is proper to consider a charge in favour of the non-occupying spouse when the matrimonial home is given exclusively to one spouse, with the charge crystallizing on specified events.

Citation: [1974] JJ 179
Parties: Applicant: O'Connor; Respondent: O'Connor (nee Gosling)
Jurisdiction: Jersey
Judgment Date: 05 December 1974
Procedural Posture: Family Law / Judgment
Outcome: charge in favour of non-occupying spouse to crystallize on specified events
Legal Topics: Financial Provision, Matrimonial Home, Property Division

Family Law Financial Provision Matrimonial Home Property Division

Case Brief

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Parties

O'Connor

Applicant

O'Connor (nee Gosling)

Respondent

Procedural Posture

Family Law / Judgment

Legal Issues

1 Whether a charge in favour of one spouse should be considered when the jointly-owned matrimonial home is given exclusively to the other spouse.

Ratio Decidendi

It is proper to consider a charge in favour of the non-occupying spouse when the matrimonial home is given exclusively to one spouse, with the charge crystallizing on specified events.

Court Disposition

charge in favour of non-occupying spouse to crystallize on specified events

Orders

Charge in favour of non-occupying spouse to crystallize on death, remarriage, cessation of occupation, or sale in lifetime of occupying spouse.