Setting aside disposition of family asset

Ansari v Ansari CA TLR 16 January

In ancillary relief proceedings the judge had, under s37(2) of the Matrimonial Causes Act 1973, set aside a transfer of the matrimonial home made by the husband, Khalid Ansari, to Mohammed Lulu Miah and Aysha Khanom Miah, the first and second interveners, but had refused to set aside, under s37(3), a charge to the bank that had advanced a sum to Mr and Mrs Miah for its purchase. The judge held that he was bound by Green v Green ([1981] 1 WLR 391; [1981] 1 All ER 97) to conclude that s37(3) of the Matrimonial Causes Act 1973 did not enable him to set aside a disposition granted by someone other than a husband or wife, and therefore the charge remained valid and binding as between Mr and Mrs Miah and the bank.