The family court judge accepted this, but the appeal court did not, preferring the ex-husband's argument that once an inheritance has been invested in a matrimonial home, it becomes a matrimonial asset to be split equally. It duly referred the case back to the family court (Crowther v Crowther, 2017 EWCA Civ 2698).
Matrimonial home bought with inherited money was joint asset to be sold for equal shares
The England and Wales Court of Appeal has struck out part of a financial remedy order that awarded a Mrs Crowther the former matrimonial home, which was bought entirely from the inheritance that she had received after her parents' death. She had argued that if her ex-husband wanted to live independently he could apply for a council house or claim housing benefit, and so he did not need any capital from the GBP200,000, mortgage-free house.