Complex asset structure with husband saying assets belonged to his mother

Divorce & Matrimonial Finance

28 November 2023

Christopher acted for the wife in complex financial remedy proceedings.

Assets included the family home, 2 investment properties in the USA in the husband’s name, the husband’s quarter share in a property owned with his mother and the wife’s half share of a property owned with her sister. Both husband and wife had shares in the wife’s father’s company. There were also investments in bonds, shares and ISAs.

The main issue in the case was that the husband claimed that all the assets in his name belonged to his mother – asserting that she had lent him money to use to produce income but that he had to repay the capital when his mother retired. The husband sought a sale of the family home and that he should receive 50% of the sale proceeds. He also sought to retain the shares in the wife’s father’s company. The husband’s mother was joined into the proceedings.

The final hearing took place over 5 days with 13 witnesses and a 2,000 page bundle.

This case particularly highlights Christopher’s experience in:

  • Assimilating large volumes of evidence
  • Cross-examination.

Christopher was successful in persuading the court that all the monies provided by the husband’s mother were gifts and that they were available for use by the husband. The husband received less than 10% of the equity in the family home and the company shares were also transferred to the wife.

For help, advice or if you wish to instruct a member of Chambers, please contact our Clerking team