Read the full judgment text of FCMC 2075/2013 on BabelCite. This Family Court judgment was delivered on 28 May 2014 before 陳振國法官.
Matrimonial Proceedings and Property Ordinance (Cap 192) s.7 – Resulting Trust – Ancillary Relief – Former Matrimonial Home – Intervener's Interest – Mortgage Payments – Property Sale – Distribution of Proceeds – Costs – The Intervener (Second Daughter) claimed 60% interest in the former matrimonial home based on mortgage payments made from 2000 to 2008. The court found she paid approximately 60% of the installments and the Husband consented to this arrangement. Resulting Trust principles applied. The remaining 40% interest was split equally between the Wife and the Husband. The Wife's claim for a lump sum payment of 80,000 was rejected. The property was ordered to be sold with proceeds distributed accordingly. Costs order made for the Intervener.
Legal issues: 二女兒在前婚姻居所中的權益 · 附屬濟助命令的頒發
Outcome: Property sold; 60% to Intervener, 20% to Wife, 20% to Husband. Lump sum payment of 80,000 rejected. Costs order made.