Read the full judgment text of FCMC 3870/2017 on BabelCite. This Family Court judgment was delivered on 24 April 2020 before 區域法院暫委法官林美施.
Matrimonial proceedings – beneficial interest – constructive trust – resulting trust – property dispute – burden of proof – claim dismissed – Petitioner claimed First Respondent had beneficial interest in property registered under Second and Third Respondents (Mother and Brother) – Property purchased in 1994 for HK$2,050,000 – Deposit and purchase costs paid by Second and Third Respondents – Petitioner alleged common intention constructive trust where First Respondent would pay mortgage in exchange for beneficial interest – Court found property purchased to improve parents' living environment – First Respondent paid monthly allowance to Second Respondent but no evidence he paid mortgage directly – Second Respondent used own funds including rental income and savings to pay mortgage – Court held Petitioner failed to discharge burden of proof on balance of probabilities – Petitioner's claim dismissed – Property not included as matrimonial asset – Petitioner to pay Respondents' costs.
Legal issues: Common Intention Constructive Trust · Resulting Trust · Burden of Proof
Outcome: Petitioner's claim dismissed. Property not included as matrimonial asset.
Cited by 1 case · Cites 2 cases