Property purchased using inheritance deemed to be a matrimonial asset

Acting for: Respondent Wife
Court: Canterbury Family Court

Outcome:

Background

The parties were married for 20 years. The wife resided in the former matrimonial home. A year prior to separation, the husband purchased an additional property (property 1). Shortly after separation, the husband purchased a further property (property 2) which is where he is residing.

The wife’s position was that both property 1 and property 2 were matrimonial assets given:
Property 1 – was purchased during the marriage with the intention of providing an income for the benefit of the family.
Property 2 – was purchased using monies deposited into the children’s premium bond accounts, including money paid in by the wife and her family.

The husband’s position was that both properties were his and should not form part of the martial pot. This was because the husband claimed to have purchased the property using inheritance.

Indication

At the financial dispute resolution appointment, both parties made submissions through counsel, and the court gave the following indication:

  1. There would need to be some significant evidence to show that property 1 was in fact not matrimonial.
  2. There is an argument that property 2 is also matrimonial.

The parties managed to settle the matter at the financial dispute resolution hearing.

For assistance with financial remedies, please contact clerks@anvilchambers.co.uk