Property

Question 1

Two rules on personal property ownership -

Answer 1

Income belongs to the earner

Personal property belongs to the individual who bought it although this can be rebutted

Question 2

Leading case on joint bank accounts? What is the view of the law?

Answer 2

Jones v Maynard 1951 - courts will look to the intention of the parties

Question 3

What section of which act covers matrimonial maintenance in the absence of any agreements?

Answer 3

S200 of the Equality Act 2010

Question 4

What will the courts decide when determining ownership of gifts from third parties?

Answer 4

The intention of the gift.

Ie a home for a couple would be designed for both husband and wife unless contrary to the evidence…

Question 5

How do you determine the legal ownership of land?

Answer 5

Checking the land register

Question 6

What is needed to occupy a house?

Answer 6

An interest

Question 7

Which section of what act governs home rights?

Answer 7

S30(1) of the Family Law Act 1996

Question 8

3 Aims of family property law?

Answer 8

Clarity

Reflect wishes of the party

Practical

Question 9

Which section governs making a financial request for children?

Answer 9

S15, of the Childrens Act 1989

Question 10

What factors will the courts take into consideration for a financial order in relation to child support?

Answer 10

Childrens Act 1989 - Schedule 1, para 4(1)

Question 11

What are the four types of orders that a court can make?

Answer 11

Income

Property

Clean Break

Interim

Question 12

What section of the MCA 1973 can periodic payment orders and lump sums be made under?

Answer 12

S23

Question 13

3 Types of property orders?

Answer 13

Lump sum orders

Transfer of property orders

Power to order sale s24

Question 14

Child support cannot be broken, but can spousal support?

Answer 14

Yes

Question 15

Clean Break Orders can be made under what section?

Answer 15

S25A(1)

Question 16

Can clean break orders be delayed?

Answer 16

Yes

Question 17

What section governs interim orders?

Answer 17

S22 MCA 1973

Question 18

A list of factors to consider for the courts in making any type of order can be found under…

Answer 18

Section 25 of the Matrimonial Courts Act 1973

Question 19

Which section is concerned with awarding spouses with children?

Answer 19

S25(3)

Question 20

2 concerns in relation to s(25)(3) MCA 1973 but not the actual statute…

Answer 20

Parent’s well being

Child’s interests

Question 21

S25(2)(a) deals with financial resources?

Answer 21

Yes

Question 22

What does section 25(2)(b) deal with?

Answer 22

The needs of the parties

Question 23

Courts in relation to s25(2)(f) do not discriminate between which two types of contributors to family welfare?

Answer 23

Money earners and homemakers

Question 24

Which four principles govern S25?

Answer 24

Needs

Equality

Compensation

Autonomy

Question 25

Piglowska v Piglowska 1999 Dicta favours…

Answer 25

Housing the children first over parents

Question 26

The courts can order what in relation to the deciding of a matrimonial house? s24a

Answer 26

For one party to buy the other out

Sale of house, division of proceeds

Delayed sale

Question 27

What is a Mesher order?

Answer 27

House is sold at a later date

Question 28

What is a Martin order?

Answer 28

Wife can stay in the house until death or remarriage

Question 29

Consent orders require a what?

Answer 29

Rubber stamp from the courts in essence