Chapter

The Lords triumphant

Lord Denning

in The Due Process of Law

Published in print January 1980 | ISBN: 9780406176080
Published online March 2012 | e-ISBN: 9780191705113 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780406176080.003.0032
The Lords triumphant

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After the war, there were many cases in the court which established that a deserted wife had a right to remain in occupation of the matrimonial home. This chapter discusses the example of where the husband, after deserting his wife, would sell the house over her head, or mortgage it without her knowledge. The court has previously held that the trustee stood in no better position than the husband and could not turn her out. On one hand, there were banks who desired to recoup themselves all that was owing to them. On the other hand, there was the wife. Finally, the House of Lords allowed this simple proposition to remain: If the husband remained himself as the sole owner of the house, he cannot himself turn the wife out. She has a personal right, but she has no equity against anyone else.

Keywords: deserted wife; matrimonial home; mortgagee; House of Lords; equity

Chapter.  1701 words. 

Subjects: Constitutional and Administrative Law

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