Vivien Croly publishes a case summary in the Financial Remedies Journal on the case TA v SB [2025] EWFC 61 (B).
Background
W and H, both 65, were married for 35 years. W has Bipolar Affective Disorder and presented as extremely unwell throughout proceedings. The parties have two adult and independent children. After separation, the parties remained living together in the FMH in separate, and distinct areas of the house. However, the FMH did not satisfy either party’s basic need for accommodation – H occupying the ground floor with no use of a bathroom or toilet, W occupying the first floor with no access to a kitchen. The FMH was dilapidated and required refurbishment throughout.
There was one issue: what should happen to the jointly owned FMH?
H sought a sale with an equal division of proceeds. W sought for either the FMH to be transferred to her sole name once the mortgage was cleared and H live in rental, or a transfer with a charge back or Mesher order. A clean break was agreed.
Read the full case summary here.
Vivien specialises in marriage and relationship breakdowns involving finance and children, including ToLATA matters and applications made under Schedule 1 Children Act 1989. She was shortlisted for Family Law Young Barrister of the Year at the Lexis Nexis Family Law Awards 2024. Find out more about Vivien here.