The claimant sought to assert her interest in a house purchased by a company in debt to the respondent for whom she had worked and with whom she had had a relationship. The company was insolvent. She claimed he had promised her a house, and that it had been purchased under that promise, and that she was protected under both 1996 Acts. The defendant appealed orders declaring her interest.
Held: the decision followed largely from the judge’s assessment of the parties and the exercise of his discretion. The claimant had acted to her detriment in accepting the gift, and the property which was proper for the two when living together remained appropriate when she lived there alone.
Judges:
Lord Justice Rix, Mr Justice Nelson, Lord Justice Johnathan Parker
Citations:
[2002] EWCA] Civ 1075
Links:
Statutes:
Family Law Act 1996 33(3) 33(4), Trusts of Land and Appointment of Trustees Act 1996 14
Jurisdiction:
England and Wales
Citing:
Cited – Lloyds Bank plc v Rosset HL 29-Mar-1990
The house had been bought during the marriage but in the husband’s sole name. The plaintiff’s charge secured the husband’s overdraft. The bank issued possession proceedings. Mr Rosset had left, but Mrs Rosset claimed, as against the bank an interest . .
Lists of cited by and citing cases may be incomplete.
Land, Trusts
Updated: 20 August 2022; Ref: scu.174422