Reading a Case
Instructions
Question 1.
Read the summary of the facts of the case and state what you consider to be the material facts.Answer 1. Material Facts
These are the facts that the court considers relevant in seeking to decide a
case. In other words, the facts that will subject to legal analysis.
A husband left his wife. The matrimonial home was in joint names and subject
to a small outstanding mortgage. The husband said he would give the wife £40
per month, out of which the wife was to pay the outstanding mortgage payments.
He gave her the building society book. A further agreement was reached by
the husband and wife, that the husband would transfer to the wife sole ownership
of the matrimonial home “in consideration of the fact that you will
pay all charges in connection with the house…until such time as the
mortgage repayment has been completed”. This agreement was committed
to paper and signed by the husband.
The wife paid the mortgage instalments until the mortgage was paid off. The
husband then refused to transfer the property into her sole ownership.