H -v- J (Matrimonial)

This is an application by the wife for ancillary relief. The parties were married in August 1994, the wife is aged 46 and husband 49. There are two children, A born in 1996 aged 16 and B born in 1999, aged 14. A Decree Nisi has been pronounced on the 19th December, 2012 on the grounds of the husband's unreasonable behaviour.

The children continue to live with their mother at the property C, Grouville, Jersey, in which the wife's mother, K has a life interest in the property. The wife is by occupation a physiotherapist assistant but is off work due to stress. The husband was a policeman but is now unemployed and in receipt of Long term incapacity allowance (LTIA) at a 60% rate and income support.

The wife was represented by Advocate Whittaker, the husband by Advocate Godden. There were bundles of documents and additional bundles. I heard from the parties and from D called on behalf of the wife. The hearing was listed for the 11th and 12th September but then was heard further on the 3rd October, 2013 to give the wife more time to clarify her open position and for the husband to consider it.

There is a considerable difference in the open positions of the husband and wife. The husband proposes that the Former Matrimonial Home ("FMH") is sold on trigger events in the future namely, the lifetime interest of his mother-in- law, K, coming to an end or both children attaining the age of 18, i.e. 17th August, 2017, whichever is the later. The property would then be sold and the net proceeds divided between him and the wife. He does however seek a lump sum of £10,000 now.

(ii) The respondent shall transfer his interest in the Former Matrimonial Home (the FMH) to the petitioner within 6 weeks of the date of the Order upon condition that:-