In WYM v LYM ([2024] HKCA 499) title to the family home was in the husband’s name.
At first instance, it was decided that the wife had no beneficial interest under the doctrines of common intention constructive trust, presumed resulting trust or proprietary estoppel.
It was further decided, however, that she enjoyed a beneficial interest under ‘the matrimonial regime’ and that the mortgagee in this case had constructive notice of this interest and so was subject to it.
The mortgagee appealed and the first instance judgment was overturned.
The question of notice was irrelevant given that the wife had no beneficial interest in the family home ([22] Hon Chu VP).
The right to seek ancillary relief ‘cannot give rise to a proprietary interest in the Property that ranks before GFL’s interest under the mortgage’ ([25]).
The ancillary relief claim could only be brought against the unencumbered assets of the husband.
Michael Lower
**Disclaimer**: The information provided on the Hong Kong Land Law blog is for educational purposes only. It is intended to offer a general understanding of the cases or issues discussed, not to provide specific legal advice. Readers should not act upon this information without seeking professional legal advice. The views expressed are my own and do not necessarily reflect the official policy or position of any court or legal authority.