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National Provincial Bank v Ainsworth [1965] 3 WLR 1  House of Lords

Mr Ainsworth was a second hand car dealer and sole registered proprietor of the matrimonial home. He left the matrimonial home and moved in with his mother. His wife obtained a judicial separation. As part of the separation agreement, his wife was to live in the house rent free and he would pay reduced maintenance to take account of this. He later transferred the house to his company, Hastings Car Mart, and charged it to secure the debts of the company. He defaulted on the repayments and National Provincial bank sought to possession of the property. Mrs Ainsworth sought to defeat the claim based on an overriding interest of her right to reside in the property coupled with her actual occupation.


Mrs Ainsworth did not have a proprietary interest in the land which was capable of amounting to an overriding interest.  Her right to remain in the house was a mere personal right as against her husband. It did not confer on her any equitable estate or interest in the house.

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