M. (B.) v. M. (A.) [2003] IEHC 170 (3 April 2003)

M. (B.) v. M. (A.) [2003] IEHC 170 (3 April 2003)

Plaintiff and defendant are entitled to be registered as joint owners of the premises; no resulting trust exists in favour of the defendant; sale and division of proceeds under Partition Acts refused due to defendant's circumstances and Family Home Protection Act; ownership to be divided 50-50 based on equity of redemption as of August 1989.

Citation
[2003] IEHC 170
Parties
Plaintiff/respondent: B. M.; Defendant/appellant: A. M.
Jurisdiction
Ireland
Judgment Date
03 April 2003
Procedural Posture
Circuit Court Appeal / Judgment on Appeal, Post Trial
Outcome
Order of Circuit Court set aside; relief for sale and division refused; declaration of sole beneficial ownership refused; parties entitled to joint ownership; final order adjourned pending valuation and submissions.
Legal Topics
Resulting Trusts, Partition Acts, Family Home Protection, Beneficial Ownership, Delay in Proceedings
Property Law Equity Family Law Resulting Trusts Partition Acts Family Home Protection Beneficial Ownership Delay in Proceedings

Case Brief

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Parties

B. M.

Plaintiff/respondent

A. M.

Defendant/appellant

Procedural Posture

Circuit Court Appeal / Judgment on Appeal, Post Trial

Legal Issues

  1. 1 Whether the plaintiff and defendant are entitled to be registered as joint owners of the premises
  2. 2 Whether a resulting trust exists in favour of the defendant
  3. 3 Whether the premises should be sold and proceeds divided under the Partition Acts

Ratio Decidendi

Plaintiff and defendant are entitled to be registered as joint owners of the premises; no resulting trust exists in favour of the defendant; sale and division of proceeds under Partition Acts refused due to defendant's circumstances and Family Home Protection Act; ownership to be divided 50-50 based on equity of redemption as of August 1989.

Court Disposition

Order of Circuit Court set aside; relief for sale and division refused; declaration of sole beneficial ownership refused; parties entitled to joint ownership; final order adjourned pending valuation and submissions.

Orders

  • Set aside Circuit Court order of 26 June 2002
  • Adjourn for valuation of premises as of August 1989 and calculation of equity of redemption