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10 JAN 2012

FINANCIAL ORDERS: T v T (Occupation Orders, Brussels I and Protective Measures) [2010] EWHC 3776 (Fam)

(Family Division; Moylan J; 21 December 2010)

French husband, English wife married in France under community of property regime. The parties separated after over 21 years of marriage and had two children, aged 21 and 14. The wife accepted that main matrimonial home was in France, but claimed that the London property was also a matrimonial home. The husband claimed never had been matrimonial home. This property for some time legally owned by a BVI company, but wife claimed had remained property of husband in reality. The husband claimed he had rented property from company for a time, but that his occupancy rights had now been terminated. The husband now claimed that he had sold BVI company and therefore property. The BVI company had begun possession proceedings. The wife had registered then cancelled matrimonial home rights against property twice. The property charged in favour of bank to buy a plane. The French divorce obtained by husband. The wife's French appeal still pending. The wife and children moved to English rented accommodation. The wife argued that husband failed to pay rent when due, husband argued that wife had failed to pay rent despite having sufficient funds. Eventually husband signed a tenancy for a different property which the wife claimed was unsuitable.

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