The parties had setted an arramngement for the house on splitting up. Following the agreement, she repaid the mortgage over time, and then requested the conveyance of the house under the agreement. She now appealed from an order refusing the transfer into her name.
Held: The appeal failed. Agreements between husband and wide are not generally intended to have legal effect, but ‘It is altogether different when the parties are not living in amity but are separated, or about to separate. They then bargain keenly. They do not rely on honourable understandings. They want everything cut and dried. It may safely be presumed that they intend to create legal relations.’
Judges:
Lord Denning MR, Widgery, Karminski LJJ
Citations:
[1970] EWCA Civ 6, [1970] 2 All ER 760, [1970] 1 WLR 1211
Links:
Jurisdiction:
England and Wales
Contract, Land, Family
Updated: 12 July 2022; Ref: scu.262771
