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Divorce – Financial proceedings. During the course of divorce proceedings, preliminary issues arose for determination concerning assets which might, or might not, have been within the bankrupt husband's estate. The Family Division held that the family home was held by the wife on trust for the husband subject to a 25% beneficial interest in favour of the husband's adult son from a previous marriage. Further, sums asserted by the son to be due to him from the father's estate were, on the evidence, properly owed to the father and he had not relinquished his right to that money.
Divorce – Financial proceedings. During the course of divorce proceedings, preliminary issues arose for determination concerning assets which might, or might not, have been within the bankrupt husband's estate. The Family Division held that the family home was held by the wife on trust for the husband subject to a 25% beneficial interest in favour of the husband's adult son from a previous marriage. Further, sums asserted by the son to be due to him from the father's estate were, on the evidence, properly owed to the father and he had not relinquished his right to that money.
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