ABSTRACT
In the present case, since Eric has died, Elsie’s entitlement in the matrimonial home will need to be determined by reference to the ordinary rules of property law. There is no power for the court to order what it considers just and equitable under the Matrimonial Causes Act 1973. Instead, Elsie’s entitlement to the home or a share of it vis à vis her husband’s mistress, Freda, will be determined strictly according to the property law entitlement of both women: Pettitt v Pettitt (1970). The legal interest in the property was registered in Eric’s name only, and consequently would pass on his death according to his will. The original conveyance in Eric’s name would be conclusive as to legal entitlement in the absence of fraud (Goodman v Gallant (1986)), and this would pass to Freda if Eric’s will is valid. There is no documentary evidence of legal or beneficial entitlement for Elsie, either in the original conveyance or in any subsequent written document: s 53(1)(b) LPA 1925; s 2 LP (MP) A 1989.
