Matrimonial Home in UK Law

Leading Cases
  • Miller v Miller (Short Marriage: Clean break)
    • House of Lords
    • 24 Mayo 2006

    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.

  • White v White
    • House of Lords
    • 26 Octubre 2000

    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.

  • Lloyds Bank Plc v Rosset and Others
    • House of Lords
    • 08 Mayo 1990

    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.

  • Gissing v Gissing
    • House of Lords
    • 07 Julio 1970

    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.

  • Wachtel v Wachtel
    • Court of Appeal (Civil Division)
    • 08 Febrero 1973

    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.

  • Piglowski v Piglowski
    • House of Lords
    • 24 Junio 1999

    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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Legislation
  • Family Law (Scotland) Act 2006
    • Scotland
    • 1 de Enero de 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 ......
  • Family Law Act 1996
    • UK Non-devolved
    • 1 de Enero de 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 ......
  • Matrimonial Homes Act 1983
    • UK Non-devolved
    • 1 de Enero de 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 ......
  • Domestic Abuse Act 2021
    • UK Non-devolved
    • 1 de Enero de 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) ......
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Ask the court to make a non-molestation order or an occupation order
    • HM Courts & Tribunals Service court and tribunal forms
    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. ......
  • Financial statement for a financial order (Matrimonial Causes Act 1973 / Civil Partnership Act 2004) / for financial relief after an overseas divorce etc
    • HM Courts & Tribunals Service court and tribunal forms
    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 ......
  • Form A
    • HM Courts & Tribunals Service court and tribunal forms
    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 ......
  • Form A1
    • HM Courts & Tribunals Service court and tribunal forms
    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 ......
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