header-logo header-logo

finance on family breakdown

09 August 2007
Issue: 7285 / Categories: Features , Divorce , Family
printer mail-detail

PROPERTY ADJUSTMENT ORDERS AND INSOLVENCY

What happens where a jointly owned former matrimonial home is ordered to be transferred by an insolvent husband to his wife? On the facts in Hill and another v Haines [2007] EWHC 1012 (Ch), [2007] All ER (D) 72 (May) Judge Pelling—sitting as a High Court judge—held that where H is hopelessly insolvent then the transfer will be at an undervalue. It can be set aside so that H’s share will vest in the trustees. This is because, in this case, by taking a transfer of H’s share in the property, W gave no consideration at all. The fact that she did so following a contested ancillary relief application and on the basis that all her ancillary relief claims were dismissed makes no difference; or it made no difference here, because her claims were of no real value in the light of H’s insolvency.

In short, the ancillary relief court order did not cure the lack of any true value in the transaction. It was therefore open to the court to set aside the ancillary relief order as a transaction

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

back-to-top-scroll