ANCILLARY RELIEF: S v S & M [2006] EWHC 2892 (Fam)

16 NOV 2006

(Family Division; Sumner J; 16 November 2006)

The husband was seeking to enforce his charge over the former matrimonial home; the wife claimed that husband had agreed orally to forgo the charge if the wife gave up her maintenance claims against him.

Accepting the evidence of the wife and her witnesses, the husband had entered into the alleged agreement, which represented a fair bargain. The wife had abided by the agreement, and it was unconscionable for the husband to seek to enforce the charge. The wife had established both a proprietary estoppel and a constructive trust. The husband held his charge on the property in trust for the wife.

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