Read the full judgment text of FCMC 4816/2016 on BabelCite. This Family Court judgment was delivered on 6 May 2020 before 區域法院暫委法官張志偉.
Property dispute – beneficial interest – resulting trust – matrimonial proceedings – injunction – ancillary relief – presumption of advancement – transfer of property – Hong Kong District Court – FCMC 4816/2016 – The Court determined the beneficial interest in a property purchased in the First Respondent's name but funded by his parents. The Court found that the parents provided the funds for the deposit and mortgage payments, and the First Respondent held the property in trust for his mother. The transfer of the property to the brother was for the purpose of helping the First Respondent with his financial difficulties, not to defeat the Petitioner's claim for ancillary relief. The Petitioner's claim was dismissed, and she was ordered to pay the costs of the other parties.
Legal issues: 購買美景街物業的代價包括首期和交易費用及每月供款，是來自何人？ · 購入美景街物業之代價，有否任何部份是給予男方的饋贈？ · 男方及/女方給予男方母親的金錢是否包括美景街物業的按揭供款？ · 男方是否以信托形式代父母持有美景街物業？ · 男方在2016年5月4日將美景街物業業權轉讓予男方弟弟的目的？
Outcome: The Petitioner's claim was dismissed. The Court found that the First Respondent's mother was the sole beneficial owner of the property. The First Respondent held the property in trust for his mother. The transfer to the brother was for the purpose of helping the First Respondent with his financial difficulties, not to defeat the Petitioner's claim.
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