A.T -v- B.T [2013] IEHC 576 (29 November 2013)

A.T -v- B.T [2013] IEHC 576 (29 November 2013)

The evidence does not establish deliberate conduct by the respondent with the intention of depriving the appellant or dependent children of their residence in the family home; mere indebtedness and risk of judgment mortgage registration are insufficient for interlocutory transfer of the property under s.5(1) of the Family Home Protection Act 1976.

Citation
[2013] IEHC 576
Parties
Applicant/appellant: A. T.; Respondent: B. T.
Jurisdiction
Ireland
Judgment Date
29 November 2013
Procedural Posture
Appeal / Interlocutory Application
Outcome
Appeal dismissed; interlocutory order affirmed.
Legal Topics
Family Home Protection, Judgment Mortgages, Beneficial Interest, Interlocutory Relief
Family Law Property Law Family Home Protection Judgment Mortgages Beneficial Interest Interlocutory Relief

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

A. T.

Applicant/appellant

B. T.

Respondent

Procedural Posture

Appeal / Interlocutory Application

Legal Issues

  1. 1 Whether the respondent's conduct constitutes grounds for interlocutory transfer of the family home under s.5 of the Family Home Protection Act 1976
  2. 2 Whether the respondent's indebtedness and risk of judgment mortgage registration justify relief sought by the appellant

Ratio Decidendi

The evidence does not establish deliberate conduct by the respondent with the intention of depriving the appellant or dependent children of their residence in the family home; mere indebtedness and risk of judgment mortgage registration are insufficient for interlocutory transfer of the property under s.5(1) of the Family Home Protection Act 1976.

Court Disposition

Appeal dismissed; interlocutory order affirmed.

Orders

  • Affirmation of Circuit Court order restraining registration of judgment mortgages against the property without leave of the court.