The Chancery Division dismissed the claim, brought by the Trustee in Bankruptcy of the respondent's husband, which alleged that s 423 of the Insolvency Act 1986 (the 1986 Act) had applied where: (i) in order to put the home beyond the reach of creditors, the respondent's husband had transferred his half of the beneficial interest in the matrimonial home to the respondent in 2008, with a restriction that he had a life-time right to prevent disposition of the property (the restriction); or (ii) the husband had released the restriction for no consideration when the home was sold in 2013. In relation to the 2008 transfer, the court held that: ...
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