Judgment was given earlier this week in M v M [2013] EWHC 2534 (Fam). The case concerned a wife's application for an order for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984. At issue was whether a husband had a beneficial interest in properties the legal title of which was vested in companies. The trial judge found that the husband at all times intended to retain the beneficial interest in the properties and that they were held on resulting trust. The properties were therefore capable of being the subject of an order for relief under Part III. Permission to commence the Part III proceedings was given three years ago but the hearing was delayed until after the Supreme Court gave judgment in Prest v Petrodel Resources Ltd. [2013] UKSC 34.
Friday, 16 August 2013
UK: England and Wales: properties were held on resulting trust
Judgment was given earlier this week in M v M [2013] EWHC 2534 (Fam). The case concerned a wife's application for an order for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984. At issue was whether a husband had a beneficial interest in properties the legal title of which was vested in companies. The trial judge found that the husband at all times intended to retain the beneficial interest in the properties and that they were held on resulting trust. The properties were therefore capable of being the subject of an order for relief under Part III. Permission to commence the Part III proceedings was given three years ago but the hearing was delayed until after the Supreme Court gave judgment in Prest v Petrodel Resources Ltd. [2013] UKSC 34.
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