Section section 37(3) of the 1983 Act was not wide enough in its terms to enable a judge to set aside a disposition granted by someone other than the husband or wife. That was because sub-section 3 only enabled a judge to give directions ‘consequential’ on setting aside a disposition which was reviewable under sub-section 2 and sub-section 2 only applied to dispositions made by one or other of the parties to a marriage.
Judges:
Eastham J
Citations:
[1981] 1 WLR 391
Statutes:
Matrimonial Homes Act 1983 37(3)
Jurisdiction:
England and Wales
Cited by:
Not applied – Ansari v Ansari and others CA 19-Dec-2008
The wife had registered her right of occupation under the 1996 Act, but the husband sold the house subject to the registered right, and the purchaser had charged the property. She now sought an order restricting the use of the proceeds of sale, and . .
Lists of cited by and citing cases may be incomplete.
Family, Land
Updated: 18 May 2022; Ref: scu.279009
