Aldoukhi v Abdullah [2021] EWHC 3086 (Fam)18 November 2021
Published: 01/03/2022 09:00
https://www.bailii.org/ew/cases/EWHC/Fam/2021/3086.html
Moor J.
W’s applications under TOLATA and Part III MFPA concerning three properties in London. H and W were Kuwaiti nationals. W had received a financial award from the Kuwait Court in 2019.
This appears to be the first reported case where jurisdiction was based on s 15(1)(c) MFPA -- which is subject to a caveat in s 20 MFPA that any award must not exceed the equity in the matrimonial home(s). Moor J noted that the Law Commission Report leading to the passing of the MFPA considered that a flat in which parties spent no more than 2--3 weeks a year can amount to a matrimonial home in finding that two of the London properties met this criterion.
Moor J found that there was an express declaration of trust in relation to all three properties (applying Goodman v Gallant [1986] Fam 106). He ordered a sale of the properties with equal division of the proceeds on W’s TOLATA application, with equitable accounting to H of half the sums he had paid towards a mortgage. Despite accepting there was not a strong English connection, Moor J then restored this sum to W by exercise of the court’s discretion in her Part III application.
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