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Brown v Brown [1982]

  • Proud77
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22 Nov 18 #504993 by Proud77
Topic started by Proud77
Can anyone please help me with or point me to details of Brown v Brown [1982] 3 FLR 161

Google is pointing me to a similar named US case instead.


Thank you

  • .Charles
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22 Nov 18 #504994 by .Charles
Reply from .Charles
It's difficult to find old case law as most of this is recorded in legal books which are not public domain.

Having said that google does have access to a book that makes reference on page 206 books.google.co.uk/books?id=-8mgBgAAQBAJ...%5B1982%5D+3+FLR+161

Charles

  • CarltonS
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30 Jan 19 #505952 by CarltonS
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Property adjustment – matrimonial home purchased in joint names – Wife living at home – Husband has secure alternative accommodation – Property of limited value – Shared proceeds of sale insufficient to enable either party to purchase alternative accommodation – Order for sale postponed until death or remarriage of wife – Payment of occupational rent


The parties were married in 1968. There were two relevant children of the marriage aged 11 and 9. The marriage broke down and the parties were divorced, the decree being made absolute in 1979. In ancillary proceedings the wife sought a property adjustment order so she could live in the matrimonial home with the children. The house, which was purchased in the joint names of the parties, was valued at £25,000 subject to a mortgage of £5,000. The registrar made an order in the Mesher v Mesher form, i.e. that the house was to be held jointly on trust for sale in equal shares postponed until the youngest child of the family attained 18. After the registrar's order the husband obtained a council flat. An appeal to a judge was dismissed.

The wife appealed.

Held – allowing the appeal – the fact that the husband had obtained other accommodation was an important factor which was given insufficient weight by the judge...

Post edited by moderating team. Please do not post requests for members to send you personal information such as email addresses

  • CarltonS
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30 Jan 19 #505956 by CarltonS
Reply from CarltonS
I notice my post above has been edited by the moderating team.

I understand their point but regret that I can't post the entire case here in public as that might violate some copyright law or something as details of the case are not currently publicly available.

  • rubytuesday
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30 Jan 19 #505957 by rubytuesday
Reply from rubytuesday
Perhaps you could send it to me so I can add it to the case law section of our library? (once I've checked for any copyright issues, of course ;))

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

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