Protecting a wife’s share of property against husband’s debts

Corey acted for a wife in proceedings brought by her husband for a share in joint property. The husband had run up substantial debts by taking out loans secured on the property.

The final hearing focussed closely on the purpose of the loans and how the monies had been spent. The Court accepted Corey’s argument that the husband had spent most, if not all, the loan monies. The Court ordered that with the property sold, Corey’s client would retain the larger share, and the husband must use his remaining share of property to take responsibility for his debts.