G v G (Confiscation Order: Conduct)

BR , the former matrimonial home, valued at �492,000 subject to a mortgage of �64,070, net �416,070. The Wife lives there with the children, and the mortgage is currently being paid from her Universal Credit.

A property in London QG , owned by the Husband and his mother in shares which are disputed, either equally or 66.66% to the Mother and 33% to the Husband. The parties lived there at one time and the Husband subsequently received the rental income when it was let out, but he says that it was originally owned by his parents and himself as tenants in common, and when his father died his share passed to his mother on intestacy. It is valued at �1,230,000. It has been agreed that this can be sold, and the proceeds held against the decision in the confiscation enforcement proceedings.

A Scottish property, which was formerly owned by the Husband. His share was transferred to his mother after the separation but before the Petition was issued. The wife contends that he has a half share in this property, having been the sole legal owner until August 2021. It is valued at �521,375.

The Wife has not sought to make a claim directly against the Scottish property or have the transfer set aside but says that the Husband holds an interest in it which can be used to pay a lump sum if necessary.

The term of 6 years gives an idea of the seriousness of his offending. I have no difficulty is accepting this, and it is plainly a factor to which I give considerable weight.