Q&As

A husband and wife mortgaged their matrimonial home and applied the mortgage funds to the renovation of a property owned by the wife’s father. The parties then divorced and the husband issued financial proceedings under the Matrimonial Causes Act 1973. The husband wishes to make a separate claim against the wife’s father under the Trusts of Land and Appointment of Trustees Act 1996. What is the limitation period for such a claim, and when would it run from?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 07/01/2019

The following Property Disputes Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A husband and wife mortgaged their matrimonial home and applied the mortgage funds to the renovation of a property owned by the wife’s father. The parties then divorced and the husband issued financial proceedings under the Matrimonial Causes Act 1973. The husband wishes to make a separate claim against the wife’s father under the Trusts of Land and Appointment of Trustees Act 1996. What is the limitation period for such a claim, and when would it run from?

Where parties divorce, the court has significant powers to make orders relating to the division of matrimonial assets as set out in the Matrimonial Causes Act 1973 (MCA 1973). However the powers of the court extend only so far as is permitted under MCA 1973, and only as between the parties to the proceedings. The court cannot make effective orders binding a third party who is not also a party to those proceedings. Where there is a dispute over the true ownership of an asset, whether by way of a claim by a third party or against a third party, the family court can conduct a preliminary hearing to determine the true beneficial ownership of that asset within the financial remedy proceedings, see, generally, Tebbutt v Haynes. I

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