The Law Society v Dua & anr [2021] WTLR 1469
Wills & Trusts Law Reports | Winter 2021 #185Between 2011 and 2013, the claimant obtained multiple charging orders in respect of five properties registered in the joint names of Mr and Mrs Dua. The Duas occupied four of the properties as a single residence, known together as ‘Fulmer House’. The other was a separate property known as 49 Sudbury Avenue.
The Duas had purchased 49 Sudbury Avenue in 1987 and occupied it as their family home until 2004. The purchase had been funded by a mortgage and the Duas’ evidence was that Mr Dua alone had made the mortgage payments. In 1992/93 and 1995, there were two major extensions to 49 S...
Armstrong v Onyearu [2017] EWCA Civ 268
Wills & Trusts Law Reports | Summer 2017 #168Mr and Mrs Onyearu were a married couple. Mr Onyearu was declared bankrupt in 2011 and Mr Armstrong was his trustee in bankruptcy. The question before the Court was whether Mrs Onyearu could rely upon the equity of exoneration in order to take a charge over her husband’s share of the matrimonial home.
Mr Onyearu was the sole registered proprietor of the matrimonial home in Catford (purchased in 2000), and he and his wife maintained that they beneficially owned the property in equal shares. In 2005, a loan facility was granted to Mr Onyearu by Bank of Scotland in order to pr...