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Third-party beneficial interest in FMH: parental annexe funding creates 12% share; sale ordered; checklist for MCA 1973 s24A(6)—Family Court (England and Wales) (A v N (R intervening))

Published on: 19 November 2025

Published by a LexisNexis Family expert
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A v N (R intervening) [2025] EWFC 371 (B) What was the background?

The applicant wife (W) and the respondent husband (H) wed in March 1996 after living together for two years, amounting to a near three-decade marriage when the cohabitation is counted. The intervenor was W’s mother (R). The parties had five children; only the youngest, T, now aged 15, remains under 18, although several of the older children have continued to reside in the family property. The former matrimonial home (FMH) was acquired on 13 February 2012 in H and W’s joint names. It was accepted by both that the purchase would not have been possible without funds from R, and that from the outset the plan was for R to share the FMH with them. The completion statement recorded a £130,000 contribution from R towards the £881,161 price, described as a ‘mother gifted deposit’. The chosen property was specifically selected so that semi-independent accommodation could be constructed for R’s eventual occupation, identified in the judgment as ‘the Annexe’...

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