EQUITABLE PRINCIPLES IN FAMILY PROCEEDINGS
In S v S (M Intervening) [2006] EWHC 2892 (Fam), [2006] All ER (D) 229 (Nov) the wife (W) had retained the former matrimonial home (the property) upon the parties’ divorce in 1989. The husband (H) had a charge-back of one-third realisable when the children ceased to be dependent, W remarried or cohabited permanently or she died—standard Mesher terms. H was required to pay periodical payments for W and the children. In 1993, said W, H agreed to remit his charge on the property if W agreed to forego her entitlement to the arrears then due and to any future payments.
In 1995 W’s mother (M) moved to and then bought a half-share in the property; but on the assumption of both W and M that H no longer had any charge on, nor other interest in, the property. M said she and H had had separate discussions on the subject. H had not registered his charge with Land Registry. W and M’s agreement was not formalised in writing.
H denied his agreement with W and that
