Ex-wife's battle over home
A divorcee could face a new battle to hang onto cash from the sale of her home, despite victory in a landmark court case. Wendy Haines was awarded the large detached farmhouse as a divorce settlement.
A divorcee could face a new battle to hang onto cash from the sale of her home, despite victory in a landmark court case. Wendy Haines was awarded the large detached farmhouse as a divorce settlement.
Trustees acting for her former husband had wanted money from the sale of the property at Dunhampton near Stourport, to pay off his debts. But yesterday, Mrs Haines was told she could keep the proceeds.
The trustees are now seeking permission to appeal the decision and have been granted 14 days to petition the House of Lords.
After Mrs Haines was awarded the house her husband declared himself bankrupt.
Under the law in bankruptcy his trustees sought to gain half the funds of the house to help pay creditors.
The trustees were granted their wish in May but Mrs Haines' legal team challenged the decision in London's Civil Appeal Court. And yesterday, the Chancellor of the High Court, Sir Andrew Morritt, Lord Justice Thorpe and Lord Justice Rix upheld her appeal.
One of the lawyers representing Mrs Haines, Rob Taylor, said the verdict represented "a victory for common sense". He said: "It restores the position whereby awarding a spouse a financial settlement cannot subsequently be automatically undermined by the trustee in bankruptcy of the other spouse."
