Q&As

Where a party transferred their interest in the former family home to the other party without legal advice and full and frank disclosure, will the property still be treated as a marital asset in financial proceedings? Could an argument be made that there should be a departure from equality due to the transfer? Would the period of time that has elapsed between decree absolute (and the transfer of the former family home) and the issue of the financial application have any bearing on this?

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Produced in partnership with Matthew Haynes of St Ives Chambers
Published on LexisPSL on 22/03/2018

The following Family Q&A produced in partnership with Matthew Haynes of St Ives Chambers provides comprehensive and up to date legal information covering:

  • Where a party transferred their interest in the former family home to the other party without legal advice and full and frank disclosure, will the property still be treated as a marital asset in financial proceedings? Could an argument be made that there should be a departure from equality due to the transfer? Would the period of time that has elapsed between decree absolute (and the transfer of the former family home) and the issue of the financial application have any bearing on this?

The question, which is expressed in general terms, may be broken down into three parts.

First, where a party transfers their interest in the former matrimonial home without neither legal advice nor full disclosure will that still be treated as a marital asset in the financial proceedings? The answer is yes. Until an order has been made in respect of the financial remedy proceedings then it will still be treated as a marital asset and so susceptible to any order that may be made. Cooper-Hohn v Hohn explains that fairness in the overall context of a case includes consideration of entitlement and need, and that even where there is no need and entitlement has to be considered in the context of both marital acquest and post-separation accrual, the genesis of the growth of an asset may still be as a consequence of the fact that it was a matrimonia

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