National Provincial Bank Ltd v Ainsworth
1965 · [1965] AC 1175
Posted By lanbuk.com
- Facts
- A husband deserted his wife and left her in the home. He then charged the house to the bank. She claimed that her right to stay defeated the bank.
- Issue
- Is a deserted spouse's right of occupation binding on a third person?
- Held
- No. The right is a personal equity against the other spouse. It does not bind a purchaser or a .
- Principle
- Occupation during the marriage is an incident of . It is not an estate in the land.
- Why it matters
- The English Matrimonial Homes Act, which changed this, does not apply in Sierra Leone.
Words and Latin in this note
- Consortium
- The bundle of rights marriage gives each spouse: society, sexual intercourse, and the domestic life of the household. It is mutual. It is not enforced by locking a spouse up, and it is not a right to beat her. Open the note.
- Mortgagee
- The lender. The person who takes the security. Open the note.
Also on Lanbuk
- National Provincial Bank Ltd v Ainsworth in Lanbuk on the Law of Land
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.