ANCILLARY RELIEF: Fisher-Aziz v Aziz [2010] EWCA 673

24 JUN 2010

(Court of Appeal; Thorpe, Rix and Etherton LJJ; 19 May 2010)

Both husband and wife sought transfer of the matrimonial home into respective sole names. There was a substantial charge on the property in favour of the bank which had guaranteed the husband's business borrowings. The trial judge refused to transfer the property into the wife's name because it was impracticable without wife having means to pay the mortgage. The judge also refused to transfer the property to the husband, as this would deprive the wife of a fair outcome. Instead he ordered a sale. The appeal judge upheld the decision.  

The Court of Appeal allowed the appeal. If the wife was in occupation of the final matrimonial home and, having primary regard to interests of the children, sought transfer of the property in preference to proceeds of the sale, she should ordinarily succeed, providing of course that could secure release of co-owner from mortgage.

__________________________________________________________________

Family Law Reports

Family Law Reports are relied upon by the judiciary, barristers and solicitors and the reports are cited daily in court and in judgments.

They contain verbatim case reports of every important Family Division, Court of Appeal, House of Lords and European courts case, and also includes practice directions, covering the whole range of family law, public and private child law.

 

Red Book Plus

Red Book Plus

Family Court Essential Materials

This ready reference guide for all family court practitioners and judges provides a portable...

Family Law Online

Family Law Online

Get a FREE trial today! The fastest way to access the latest law reports, case law, commentary,...

Available in Family Law Online