Urey v The Official Receiver [2015] NICh 11 (18 May 2015)

Urey v The Official Receiver [2015] NICh 11 (18 May 2015)

The property adjustment order did not transfer any equitable or legal interest to Mrs Urey prior to the decree absolute; since the decree absolute was not obtained before the property vested in the Trustee in Bankruptcy, the property vested in the Official Receiver and not Mrs Urey.

Citation
[2015] NICh 11
Parties
Appellant/respondent: Julie-Ann Urey; Applicant/respondent: The Official Receiver
Jurisdiction
Northern Ireland
Judgment Date
18 May 2015
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Property Adjustment Order, Bankruptcy, Vesting of Property, Decree Absolute, Disposition of Property
Family Law Insolvency Law Property Law Property Adjustment Order Bankruptcy Vesting of Property Decree Absolute Disposition of Property

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Parties

Julie-Ann Urey

Appellant/respondent

The Official Receiver

Applicant/respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the property adjustment order transferred equitable or legal interest to Mrs Urey before the property vested in the Trustee in Bankruptcy
  2. 2 Effect of decree absolute timing on property disposition
  3. 3 Application of Article 26(3) Matrimonial Causes (Northern Ireland) Order 1978

Ratio Decidendi

The property adjustment order did not transfer any equitable or legal interest to Mrs Urey prior to the decree absolute; since the decree absolute was not obtained before the property vested in the Trustee in Bankruptcy, the property vested in the Official Receiver and not Mrs Urey.

Court Disposition

appeal dismissed

Orders

  • Order of Master of 5 November 2014 upheld
  • No order as to costs between the parties