Kingsnorth Finance Co Ltd v Tizard [1986] 1 WLR 783, ChD<\/strong><\/p>\n A wife\u2019s beneficial interest in the matrimonial home can serve to bind a purchaser for value who fails to adequately inspect a property.<\/p>\n A married couple jointly contributed to the purchase price for a property intended to serve as the matrimonial home with the husband taking sole legal title to the property at registration. When the marriage subsequently disintegrated, the wife ceased full time occupation of the property but returned daily to look after their children and would spend the night on occasion were the husband absent. The husband then mortgaged the property, falsely claiming to be single, and arranging for the inspection of the property by the defendant for when he was aware the house would be vacant. Subsequently, the inspector found no evidence of a wife and the husband stated she had ceased occupation months prior. The inspector did however note that children appeared to be in occupancy.<\/p>\n Whether the wife\u2019s beneficial interests amounted to constructive notice given the defendant\u2019s failure to make adequate investigations.<\/p>\nFacts<\/h3>\n
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