First National Building Society v. Ring [1991] IEHC 2; [1992] 1 IR 375 (5th July, 1991)

First National Building Society v. Ring [1991] IEHC 2; [1992] 1 IR 375 (5th July, 1991)

Sale in lieu of partition is refused at this time due to the second defendant's innocence, lack of judgment against her, significant disruption to family life, and absence of sufficient information regarding valuation and feasibility of sale. Well charging order is granted over the first defendant's interest.

Source-derived case information.

Citation
[1992] 1 IR 375
Parties
Plaintiff: First National Building Society; First Defendant: Eamonn Ring; Second Defendant: Adrienne Ring
Jurisdiction
Ireland
Procedural Posture
Civil / Application for Well Charging Order and Sale in Lieu of Partition
Outcome
well charging order granted; sale in lieu of partition refused; inquiry ordered; proceedings adjourned
Legal Topics
Judgment Mortgage, Partition, Family Home Protection, Sale in Lieu of Partition
Property Law Family Law Judgment Mortgage Partition Family Home Protection Sale in Lieu of Partition

Source-derived case record

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Parties

First National Building Society

Plaintiff

Eamonn Ring

First Defendant

Adrienne Ring

Second Defendant

Procedural Posture

Civil / Application for Well Charging Order and Sale in Lieu of Partition

Legal Issues

  1. 1 Whether a sale in lieu of partition should be ordered under s.4 of the Partition Act, 1868 where the property is a family home and one co-owner is an innocent party
  2. 2 Whether the plaintiff is entitled to a well charging order over the first defendant's interest

Ratio Decidendi

Sale in lieu of partition is refused at this time due to the second defendant's innocence, lack of judgment against her, significant disruption to family life, and absence of sufficient information regarding valuation and feasibility of sale. Well charging order is granted over the first defendant's interest.

Court Disposition

well charging order granted; sale in lieu of partition refused; inquiry ordered; proceedings adjourned

Orders

  • Well charging order over first defendant’s interest in Folio 12818F Register of Freeholders County of Mayo
  • Declaration of debt due by first defendant to plaintiff (£145,328.29)