18 Dec 2023
WU v TAN [2023] NZHC 3747
- Citation
- [2023] NZHC 3747
- Court
- High Court
On the evidence the Family Court correctly found the parental advances were loans not gifts because contemporaneous oral declarations by the transferor as recounted in affidavits and cultural/contextual evidence rebutted the presumption of advancement, and the deed of gift did not evidence an intention by the respondent to divest his beneficial interest in the Auckland house given the surrounding financial arrangements, guarantees and use of the property for joint benefit; appeal dismissed.
- Presumption of advancement
- Gifts versus loans
- Gifts between spouses
- Classification of property as relationship or separate
- Deed of gift and beneficial interest
- Cultural evidence in property disputes