Application for declaratory relief pursuant to s17 of the Married Women’s Property Act 1882 in relation to four central London properties.
Facts
- Although the parties were engaged and underwent a ceremony of blessing in respect of their intended marriage, it was never formally celebrated because the respondent was unable to secure a divorce from his then wife.
- Following the principles set out in Jones v Kernott [2011] 1 FLR 45 Roberts J found that there had been no express agreement that the beneficial ownership would be shared. The court accepted the applicant’s evidence that there had been specific discussions between the parties which revolved around the applicant’s concern to protect the equity in her two properties, and that respondent had offered her reassurances in this regard.
Held
- This evidence supported the inference that had the parties addressed their minds to the question of the extent of their respective interests in the family home they purchased, they would have agreed that such interest should reflect the percentage contribution which each was making towards the equity that was being injected into the scheme.
- Consequently, the court did not need to consider what outcome the court may consider fair in the context of the whole course of dealing between the parties in relation to the property.
- However, Roberts J noted that if she had done so, the outcome would have been the same; it would not have been open to her to “attempt to navigate some middle way” between the parties.
