Read the full judgment text of FCMC 11141/2013 on BabelCite. This Family Court judgment was delivered on 9 February 2017 before Her Honour Judge Sharon D. Melloy.
Matrimonial causes – preliminary issue – property ownership – beneficial interest – resulting trust – onus of proof – Factory 5B purchased by husband and sister as joint tenants – sister claims sole beneficial ownership – husband contributed no funds – court finds sister paid purchase price and deposits – husband's name added for mortgage purposes only – declaration that property held on trust for sister – not available for distribution in matrimonial proceedings – costs reserved.
Legal issues: Ownership of Factory 5B
Outcome: Declaration that Factory 5B is not beneficially owned by the Respondent and therefore not available for distribution between the Petitioner and the Respondent upon the dissolution of their marriage
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