Property Flashcards
Two rules on personal property ownership -
Income belongs to the earner
Personal property belongs to the individual who bought it although this can be rebutted
Leading case on joint bank accounts? What is the view of the law?
Jones v Maynard 1951 - courts will look to the intention of the parties
What section of which act covers matrimonial maintenance in the absence of any agreements?
S200 of the Equality Act 2010
What will the courts decide when determining ownership of gifts from third parties?
The intention of the gift.
Ie a home for a couple would be designed for both husband and wife unless contrary to the evidence…
How do you determine the legal ownership of land?
Checking the land register
What is needed to occupy a house?
An interest
Which section of what act governs home rights?
S30(1) of the Family Law Act 1996
3 Aims of family property law?
Clarity
Reflect wishes of the party
Practical
Which section governs making a financial request for children?
S15, of the Childrens Act 1989
What factors will the courts take into consideration for a financial order in relation to child support?
Childrens Act 1989 - Schedule 1, para 4(1)
What are the four types of orders that a court can make?
Income
Property
Clean Break
Interim
What section of the MCA 1973 can periodic payment orders and lump sums be made under?
S23
3 Types of property orders?
Lump sum orders
Transfer of property orders
Power to order sale s24
Child support cannot be broken, but can spousal support?
Yes
Clean Break Orders can be made under what section?
S25A(1)
Can clean break orders be delayed?
Yes
What section governs interim orders?
S22 MCA 1973
A list of factors to consider for the courts in making any type of order can be found under…
Section 25 of the Matrimonial Courts Act 1973
Which section is concerned with awarding spouses with children?
S25(3)
2 concerns in relation to s(25)(3) MCA 1973 but not the actual statute…
Parent’s well being
Child’s interests
S25(2)(a) deals with financial resources?
Yes
What does section 25(2)(b) deal with?
The needs of the parties
Courts in relation to s25(2)(f) do not discriminate between which two types of contributors to family welfare?
Money earners and homemakers
Which four principles govern S25?
Needs
Equality
Compensation
Autonomy
