Whilby- Cunningham, Thelma v Cunningham, Leroy Augustus

Case Number: 
2009HCV02358
Date of Delivery: 
16.09.2011

Matrimonial Property - Claim for 50% share in dwelling-house - Parties separated - Claim brought more than twelve months after date of separation - Whether the Property (Rights of Spouses) Act applicable – Which section of the Act applicable or not or whether the rules of common law and equity apply - House built by spouses on family land - Whether
house is not family home because it is built on family land - Whether application of equal share rule ousted by absence of legal title in land on which house is built - the Property (Rights of Spouses) Act, ss 2, 4, 6, 11,
13 &14.

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