Q&As

Will a former matrimonial home always be considered to be a matrimonial asset even if it was inherited by one of the parties?

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Published on LexisPSL on 21/12/2016

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

  • Will a former matrimonial home always be considered to be a matrimonial asset even if it was inherited by one of the parties?

Whether the former matrimonial home will be considered a marital asset if it was inherited will depend on the facts of the case.

There is some guidance on this issue in case law, although the courts’ approach to this topic has varied. In support of the proposition that the former matrimonial home should be considered a matrimonial asset is the decision in Miller v Miller; McFarlane v McFarlane, in which Lord Nicholls stated, 'the parties' matrimonial home, even if this was brought into the marriage at the outset by one of the parties, usually has a central place in any marriage. So it should normally be treated as matrimonial property'.

However in NA v MA, Baron J considered Lord Nicholls’ state

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