Church Comrs for England v Al-Emarah

Subject Matter

HUSBAND AND WIFE — Matrimonial home — Divorce — Joint tenancy — Transfer of tenancy — Tenancy in husband's name — Husband leaving wife in occupation — Possession order against husband suspended on terms — Husband's failure to comply with order — Wife deemed tenant in place of husband on divorce — Whether wife's tenancy subject to terms of suspended possession order — Whether order enforceable against wife — Matrimonial Homes Act 1983, Sch 1, para 3(1)

[1997] Fam 34; [1996] 3 WLR 633; [1996] 2 FLR 544, CA