G v G (Approved) [2024] IEHC 489 (19 July 2024)
The wording 'each entitled to a 50% interest' in paragraph 2 of the terms of settlement constitutes words of severance, objectively indicating the parties intended to hold the properties as tenants in common, not as joint tenants, following divorce.
- Citation
- [2024] IEHC 489
- Parties
- Applicant: G; Respondent: G
- Jurisdiction
- Ireland
- Judgment Date
- 19 July 2024
- Procedural Posture
- Family Law Motion / Post Divorce Settlement Interpretation
- Outcome
- Declaration granted in terms of the Notice of Motion.
- Legal Topics
- Interpretation of Settlement Agreements, Joint Tenancy Vs Tenancy in Common, Division of Matrimonial Assets
Case Brief
Summary, issues, holding and outcome
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Parties
G
Applicant
G
Respondent
Procedural Posture
Family Law Motion / Post Divorce Settlement Interpretation
Legal Issues
- 1 Whether paragraph 2 of the terms of settlement converts joint tenancy to tenancy in common for specified properties
- 2 Whether the wording 'each entitled to a 50% interest' constitutes severance of joint tenancy
Ratio Decidendi
The wording 'each entitled to a 50% interest' in paragraph 2 of the terms of settlement constitutes words of severance, objectively indicating the parties intended to hold the properties as tenants in common, not as joint tenants, following divorce.
Court Disposition
Declaration granted in terms of the Notice of Motion.
Orders
- Declaration that each party holds a 50% interest in the properties listed in paragraph 2 of the terms of settlement dated 11 January 2023 as tenants in common.
- Matter listed for costs and final orders on 30 July at 10.30.
Full Case Text
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