Matrimonial Home in UK Law
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Miller v Miller (Short Marriage: Clean break)
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The parties' matrimonial home, even if this was brought into the marriage at the outset by one of the parties, usually has a central place in any marriage. So it should normally be treated as matrimonial property for this purpose. As already noted, in principle the entitlement of each party to a share of the matrimonial property is the same however long or short the marriage may have been.
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White v White
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In seeking to achieve a fair outcome, there is no place for discrimination between husband and wife and their respective roles. If, in their different spheres, each contributed equally to the family, then in principle it matters not which of them earned the money and built up the assets.
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Lloyds Bank Plc v Rosset and Others
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Spouses living in amity will not normally think it necessary to formulate or define their respective interests in property in any precise way. The expectation of parties to every happy marriage is that they will share the practical benefits of occupying the matrimonial home whoever owns it. But this is something quite distinct from sharing the beneficial interest in the property asset which the matrimonial home represents.
The first and fundamental question which must always be resolved is whether, independently of any inference to be drawn from the conduct of the parties in the course of sharing the house as their home and managing their joint affairs, there has at any time prior to acquisition, or exceptionally at some later date, been any agreement, arrangement or understanding reached between them that the property is to be shared beneficially.
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Gissing v Gissing
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A resulting, implied or constructive trust—and it is unnecessary for present purposes to distinguish between these three classes of trust—is created by a transaction between the trustee and the cestui qui trust in connection with the acquisition by the trustee of a legal estate in land, whenever the trustee has so conducted himself that it would be inequitable to allow him to deny to the cestui qui trust a beneficial interest in the land acquired.
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Wachtel v Wachtel
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The phrase "family assets" is a convenient short way of expressing an important concept. It refers to those things which are acquired by one or other or both of the parties, with the intention that they should be a continuing provision for them and their children during their joint lives, and used for the benefit of the family as a whole. It is a phrase, for want of a better, used by the Law Commission, and is well understood.
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Piglowski v Piglowski
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These reasons should be read on the assumption that, unless he has demonstrated the contrary, the judge knew how he should perform his functions and which matters he should take into account. An appellate court should resist the temptation to subvert the principle that they should not substitute their own discretion for that of the judge by a narrow textual analysis which enables them to claim that he misdirected himself.
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Family Law (Scotland) Act 2006
...... of the courts in certain consistorial actions; to amend the Matrimonial Homes (Family Protection) (Scotland) Act 1981; to amend the law relating ... of the 1981 Act (right of spouse without title to occupy matrimonial home), after subsection (6) there shall be added— . . ‘(7) Subject to ......
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Family Law Act 1996
......Matrimonial Causes Act 1973;(iii) Part IV or V of the Children Act 1989;(b) in ...Rights to occupy matrimonial or civil partnership home . 30: Rights concerning home where one spouse or civil partner has no ......
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Matrimonial Homes Act 1983
......Matrimonial Homes Act 1983 (repealed 1.10.1997) . Matrimonial Homes Act 1983 (repealed 1.10.1997)1983 c. 19 . 1: Rights concerning matrimonial home where one spouse has no estate, etc. . (1) Where one spouse is entitled to occupy a dwelling house by virtue of a beneficial estate or interest or ......
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Domestic Abuse Act 2021
...... instructions given by that person from time to time;(b) if P changes home address, must notify the person specified under subsection (2) of the new ... about appeals, see (in particular) —(a) section 31K of the Matrimonial and Family Proceedings Act 1984 (appeals from the family court) ,(b) ......
- Do Adult Children Living At Home Have Rights Over The Matrimonial House In A Divorce?
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Financial Remedies Application: What Happens If There Aren't Enough Assets To Meet Needs?
......The former matrimonial home was purchased in the husband's. sole name, in 2013. The parties ......
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Can We Finalise Our Divorce Before The House Is Sold?
......is the family home. So, it is not surprising that when it. comes to dealing with the ...divorce, questions about what will happen to the matrimonial home. are usually top of the list. . In most cases the home will be dealt ......
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Nil-Rate Band Discretionary Will Trusts: The Potential Pitfalls
...... into the IHT net because of the increasing value of the matrimonial home. In such cases, the practice is for the trust to be established by ......
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Ask the court to make a non-molestation order or an occupation order
Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).......into which you fit. 1. a spouse or civil partner who has home rights. in the dwelling-house, or a person who is. entitled to occupy it ...been, and was never intended to be, the matrimonial or civil. partnership home of the two spouses or civil partners. If the. ......
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Financial statement for a financial order (Matrimonial Causes Act 1973 / Civil Partnership Act 2004) / for financial relief after an overseas divorce etc
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.......residence/contact in respect of the children.). 2 Financial details. Section 2.1: You need to tell the court if you own or part own the family home (or any other. property) and how much you think it is currently worth. You can get details of the Land Registry title number and of the balance ......
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Form A
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.......Matrimonial Causes Act 1973, paragraph 2 of. Schedule 5 to the Civil Partnership Act ...a letter from the Secretary of State for the Home Department confirming that. a prospective party has been granted leave to ......
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Form A1
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms....... for a periodical payments order only (under section 23 of the Matrimonial Causes Act 1973, paragraph. 2 of Schedule 5 to the Civil Partnership Act ...a letter from the Secretary of State for the Home Department confirming that. a prospective party has been granted leave to ......