Read the full judgment text of FCMC 6311/2013 on BabelCite. This Family Court judgment was delivered on 18 February 2015 before Deputy District Judge I. Wong.
Matrimonial property – beneficial ownership – common intention constructive trust – confirmation of debt – notice to sever – gift of interest – costs – Whether R1 was a beneficial joint owner at purchase – Yes – Whether Confirmation disposed of interest – Yes – Whether Notice to Sever restored interest – Yes – Whether R3 established trust – No – R1 holds 50% beneficial interest – R3's claim dismissed – Costs on indemnity basis against R3. The court determined the beneficial ownership of the matrimonial home. R1 was a beneficial joint owner at purchase. Confirmation waived interest. Notice to Sever gifted 50% back. R3's claim failed. Costs awarded on indemnity basis against R3.
Legal issues: Beneficial ownership at purchase · Effect of Confirmation · Effect of Notice to Sever · R3's claim of sole beneficial ownership
Outcome: R1 holds 50% beneficial interest in the Property; R3's claim dismissed.