CLC v CLB: Division of Matrimonial Assets, Gifts, and Inheritance under Women's Charter
In CLC v CLB, the Singapore Court of Appeal addressed the division of matrimonial assets, focusing on the treatment of gifts and inheritance under Section 112 of the Women's Charter. The dispute involved CLC (Wife) and CLB (Husband), where the Husband had received monetary gifts and inheritance (Gifted Monies) that were invested in Disputed Assets. The Court of Appeal allowed the Wife's appeal, finding that the Husband demonstrated a clear intention to treat the Gifted Monies as part of the family estate, thus including the Disputed Assets in the matrimonial pool. The court divided the matrimonial assets equally between the parties.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Allowed
1.3 Case Type
Family
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore Court of Appeal case concerning the division of matrimonial assets, specifically addressing the treatment of gifts and inheritance under the Women's Charter.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| CLC | Appellant | Individual | Appeal Allowed | Won | Yap Teong Liang, Tan Hui Qing, Chen Yiyang |
| CLB | Respondent | Individual | Appeal Dismissed | Lost | Chiok Beng Piow, Tan Wei En, Chuah Hui Fen Christine |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Judith Prakash | Justice of the Court of Appeal | Yes |
| Steven Chong | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Yap Teong Liang | TL Yap Law Chambers LLC |
| Tan Hui Qing | TL Yap Law Chambers LLC |
| Chen Yiyang | YY Lee & Associates LLC |
| Chiok Beng Piow | AM Legal LLC |
| Tan Wei En | AM Legal LLC |
| Chuah Hui Fen Christine | Tan, Oei & Oei LLC |
4. Facts
- The parties were married in September 2003 and divorced in July 2019.
- The Husband received monetary gifts and inheritance (Gifted Monies) from his father.
- The Gifted Monies were deposited into several bank accounts and investment portfolios in the Husband's sole name (Disputed Assets).
- The Wife argued that the Husband had evinced a real and unambiguous intention to treat the Gifted Monies as part of the family estate.
- The Husband's correspondence with the Wife referred to 'our net worth' and included assets acquired by way of gifts or inheritance.
- The Husband placed some of the Inheritance Monies into a joint account with the Wife.
- The funds in ANZ-55 were used for the family's expenses.
5. Formal Citations
- CLC v CLB, Civil Appeal No 5 of 2022, [2023] SGCA 10
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Liquidation of [G] Inc | |
| Husband's father died | |
| Interim judgment of divorce granted | |
| Ancillary Matters Hearing | |
| Orders in respect of ancillary matters delivered | |
| Full grounds of decision issued in High Court | |
| Wife applied for leave to appeal | |
| Court granted Wife leave to appeal | |
| Arguments heard in Court of Appeal | |
| Judgment reserved |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court held that the Disputed Assets should be included in the matrimonial pool due to the Husband's intention to treat them as part of the family estate.
- Category: Substantive
- Sub-Issues:
- Inclusion of gifts and inheritance in matrimonial pool
- Tracing of assets
- Intention of donee spouse
- Character of Gifts and Inheritance
- Outcome: The court found that the gifts and inheritance had lost their character as such due to the Husband's intention to treat them as part of the family estate.
- Category: Substantive
- Sub-Issues:
- Loss of character as gift
- Co-mingling of funds
- Tracing of assets to original source
- Tracing of Assets
- Outcome: The court clarified the burden of proof for tracing assets acquired by gift or inheritance.
- Category: Procedural
- Sub-Issues:
- Burden of proof
- Evidential burden
- Co-mingling of funds
- Intention of Donee Spouse
- Outcome: The court held that the intention of the donee spouse is relevant in determining whether an asset acquired by gift or inheritance has lost its character as such.
- Category: Substantive
- Sub-Issues:
- Manifestation of intention
- Treatment of assets as family estate
- Impact on character of gift
8. Remedies Sought
- Division of Matrimonial Assets
- Inclusion of Disputed Assets in Matrimonial Pool
9. Cause of Actions
- Division of Matrimonial Assets
10. Practice Areas
- Divorce
- Family Law
- Matrimonial Asset Division
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| CLC v CLB | High Court | Yes | [2021] SGHCF 17 | Singapore | Refers to the High Court's decision on the ancillary matters, which was appealed. |
| CLB v CLC | Appellate Division of the High Court | Yes | [2022] 1 SLR 658 | Singapore | Refers to the Appellate Division's decision, which excluded the Disputed Assets and ANZ-55 from the matrimonial pool, and which is the subject of the current appeal. |
| Chen Siew Hwee v Low Kee Guan (Wong Yong Yee, co-respondent) | High Court | Yes | [2006] 4 SLR(R) 605 | Singapore | Cited for the principle that the essential question is whether the true nature of the gift remains intact and for the approach to determining whether an asset acquired by gift or inheritance has retained its character as such. |
| USB v USA and another appeal | Court of Appeal | Yes | [2020] 2 SLR 588 | Singapore | Cited for the principle that the fact that an asset is not a matrimonial asset does not preclude the non-donee spouse from claiming an interest in it and for the burden of proof in establishing whether an asset has been acquired through gift or inheritance. |
| ANJ v ANK | Court of Appeal | Yes | [2015] 4 SLR 1043 | Singapore | Cited for the framework in which a gift that has lost its identity could be recognised as a direct financial contribution towards the acquisition or improvement of matrimonial assets. |
| Attorney-General v Ting Choon Meng and another appeal | Court of Appeal | Yes | [2017] 1 SLR 373 | Singapore | Cited for the purposive approach to construing legislative provisions. |
| Tan Cheng Bock v Attorney-General | Court of Appeal | Yes | [2017] 2 SLR 850 | Singapore | Cited for the purposive approach to construing legislative provisions. |
| Hoong Khai Soon v Cheng Kwee Eng and another appeal | Court of Appeal | Yes | [1993] 1 SLR(R) 823 | Singapore | Cited for the principle that it would be inimical to the concept of a matrimonial partnership if the source of funds for every asset acquired during marriage had to be shown to not originate from the generosity of a third party. |
| Yeo Gim Tong Michael v Tianzon Lolita | Court of Appeal | Yes | [1996] 1 SLR(R) 633 | Singapore | Cited for the principle that the criteria for including a gift in the matrimonial pool for the purpose of the division of assets do not depend on or take into account the intention of the spouses. |
| Wang Shi Huah Karen v Wong King Cheung Kevin | High Court | Yes | [1992] 2 SLR(R) 172 | Singapore | Cited for the principle that the criteria for including a gift in the matrimonial pool for the purpose of the division of assets do not depend on or take into account the intention of the spouses. |
| NK v NL | Court of Appeal | Yes | [2007] 3 SLR(R) 743 | Singapore | Cited for the principle that the court has broad discretion in deciding whether and how to exercise its power under s 112(1) of the Women's Charter. |
| Chan Tin Sun v Fong Quay Sim | Court of Appeal | Yes | [2015] 2 SLR 195 | Singapore | Cited for the principle that the court has broad discretion in deciding whether and how to exercise its power under s 112(1) of the Women's Charter. |
| Wan Lai Cheng v Quek Seow Kee and another appeal and another matter | Court of Appeal | Yes | [2012] 4 SLR 405 | Singapore | Cited for the distinction between gifts that were acquired by the effort of one or both spouses during the marriage and gifts that were acquired from a third party. |
| CLS v CLT | High Court | Yes | [2022] 2 SLR 1043 | Singapore | Cited for the view that assets acquired before a marriage would not be considered ‘pure’ inter-spousal gifts. |
| AAE v AAF | High Court | Yes | [2009] 3 SLR(R) 827 | Singapore | Cited for the principle that the husband's act of registering his wife as a joint tenant of the property strongly evinced his intention not to have it remain as a non-matrimonial asset. |
| TQU v TQT | Court of Appeal | Yes | [2020] SGCA 8 | Singapore | Cited for affirming the correct approach to assets acquired by gifts, which is to inquire whether the transformation was accompanied by a voluntary intention on the part of the donee of the gift to integrate it into the matrimonial pool. |
| Ang Teng Siong v Lee Su Min | High Court | Yes | [2000] 1 SLR(R) 908 | Singapore | Cited for the principle that the owner of the gifted asset would have to show that it originated from the generosity of a third party in order to prevent it from being divided upon divorce. |
| Lee Yong Chuan Edwin v Tan Soan Lian | Court of Appeal | Yes | [2000] 3 SLR(R) 867 | Singapore | Cited for the test of whether the true nature of a gift remains intact. |
| UNE v UNF | High Court | Yes | [2018] SGHCF 12 | Singapore | Cited for the principle that it is unrealistic to expect the married couple to keep detailed records of their fund transfers over time in the context of a long marriage. |
| C.M. v N.L. | British Columbia Supreme Court | Yes | [2020] BCJ No 8 | Canada | Cited for the principle that a party claiming that an asset has been acquired by gift or inheritance must adduce sufficient evidence to show linkage between a currently owned asset and an asset acquired by gift or inheritance. |
| MacLean v MacLean | Nova Scotia Supreme Court | Yes | [2019] NSJ No 554 | Canada | Cited for the principle that details on the source of contributions into the account as well as the specific use of the withdrawals could be used to show linkage between a currently owned asset and an asset acquired by gift or inheritance. |
| G.B. v L.R. | British Columbia Supreme Court | Yes | [2017] BCJ No 1523 | Canada | Cited for the principle that detailed banking and investment records could be used to show linkage between a currently owned asset and an asset acquired by gift or inheritance. |
| Laskosky v Laskosky | Alberta Court of Queen’s Bench | Yes | [1999] AJ No 131 | Canada | Cited for the principle that where the wife’s inheritance funds were placed in the parties’ joint account and applied to certain purchases, she had satisfied the onus of tracing most of her claim. |
| Shih v Shih | British Columbia Supreme Court | Yes | [2017] BCJ No 109 | Canada | Cited for the principle that the court is entitled to draw reasonable inferences from evidence that is less certain or precise in order to do justice between the parties. |
| Liapis v Keshow | British Columbia Supreme Court | Yes | [2021] No BCJ 559 | Canada | Cited for the principle that it would not be sufficient to point to evidence of a decrease in one account that is concurrent with an increase in another and have the court draw the inference that funds can be traced from one to the other. |
| S v W | New Zealand Court of Appeal | Yes | [2006] 2 NZLR 669 | New Zealand | Cited for the principle that the question of the co-mingling of matrimonial assets and assets acquired by gift or inheritance is a question of the identifiability of the latter. |
| Lovich v Lovich | Alberta Court of Queen’s Bench | Yes | [2006] AJ No 1271 | Canada | Cited for the principle that where an asset acquired by gift has been dissipated or consumed, it would naturally follow that it can no longer be traced. |
| WFE v WFF | High Court | Yes | [2022] SGHCF 15 | Singapore | Cited for the principle that where a party transfers the sale proceeds from her personal bank account to the parties’ joint bank account, a rebuttable presumption arises that she would share the sale proceeds with her husband. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter 1961 | Singapore |
| Interpretation Act 1965 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Gifts
- Inheritance
- Women's Charter
- Tracing
- Intention of Donee Spouse
- Family Estate
- Disputed Assets
- Gifted Monies
- Co-mingling
15.2 Keywords
- matrimonial assets
- gifts
- inheritance
- division of assets
- family law
- singapore
- women's charter
16. Subjects
- Family Law
- Matrimonial Property
- Division of Assets
- Gifts and Inheritance
17. Areas of Law
- Family Law
- Matrimonial Assets
- Property Law