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Case Update on 25 August 2022

Aug 25, 2022

𝐍𝐊𝐏𝐋 𝐯. 𝐍𝐒𝐅 & 𝐍𝐅𝐂 [𝟐𝟎𝟐𝟐] 𝐇𝐊𝐅𝐂 𝟏𝟒𝟎; 𝐅𝐂𝐌𝐂 𝟏𝟒𝟓𝟑𝟐/𝟐𝟎𝟏𝟗

Briefly, the property was purchased under the names of husband and wife (the wife subsequently transferred her legal title to husband before commencing divorce proceedings). The intervenor’s case is that there was a common understanding and intention that she shall share the beneficial ownership in such property and her interest shall be reflected by her contribution of down-payment (about 30% of the purchase price of the property). The intervenor’s primary case is thus an express common intention constructive trust and, alternatively, a constructive trust inferred from the conducts of the parties. The wife denies there were such common intention and alternatively it was a gift from the intervenor to husband.

The intervenor succeeded in her claim and the Court found that her case is to be believed. The court also found in a favour of the intervenor in that her contrition of down-payment was not a gift to the husband. The Court eventually granted a declaration that the intervenor shall be one of the beneficial owners of such property and she shall be entitle to account of profit in respect of her beneficial interest in such property.

Family and matrimonial matters are one of Matthew's specialised practice areas. For his full profile, please visit here.

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