The Law Reports (Family Division)
[2010] Fam 1
Court of Appeal
Ansari v Ansari (Bank of Scotland and others intervening)
[2008] EWCA Civ 1456
2008 Dec 10;
19
Longmore, Wilson, Lawrence Collins LJJ
Husband and wife— Property— Transfer of property— Wife registering home rights on breakdown of marriage— Husband conveying former matrimonial home intending to defeat wife’s claim for financial relief— Purchasers aware of husband’s intention— Purchasers granting charge over property in favour of bank— Whether grant of charge “reviewable disposition”— Whether power to make “consequential directions” allowing court to set aside charge not made by respondent to financial proceedings— Whether power to be exercised in absence of bad faith and of notice of party’s intention to defeat claim— Whether bank’s knowledge of wife’s home rights constituting knowledge of husband’s intention— Whether charge to be set aside—
Matrimonial Causes Act 1973 (c 18), s 37(2)(3)(4)