Q&As

Where 50% of the matrimonial home was gifted to one party during the marriage by their parents, and the remaining 50% bought by both parties, would the starting point for division of the matrimonial home be 75% to the party who received the gift and 25% to the other party?

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Published on LexisPSL on 04/09/2017

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Where 50% of the matrimonial home was gifted to one party during the marriage by their parents, and the remaining 50% bought by both parties, would the starting point for division of the matrimonial home be 75% to the party who received the gift and 25% to the other party?

Whether or not an asset forms part of the marital acquest will impact on the application of the general principles applied by the court (see Practice Notes: Factors considered by the court on financial provision and Compensation, sharing and equality). A party who seeks to define an asset as non-matrimonial will generally do so with the intention of excluding that asset from the general principles applied to matrimonial assets.

The House of Lords in Miller v Miller; McFarlane v McFarlane provided guidance on assets that will usually be considered to be matrimonial property and those that may be non-matrimonial property. Key points made by Lord Nicholls were:

  1. matrimonial property constitutes assets acquired during the marriage, including business and investment assets acquired other than by inheritance or gift to either party, ie the 'marital acquest'

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