S.D -v- M.L [2012] IEHC 583 (30 July 2012)

S.D -v- M.L [2012] IEHC 583 (30 July 2012)

The applicant is not entitled to ownership of the property as there was no contract, proprietary estoppel, or resulting trust in her favour. The respondent provided all funds and continues to pay the mortgage. The applicant has not acted to her detriment and has lived rent free. Promissory estoppel only entitles her to reside in the property with the child until the child reaches 18 (or 23 if in full-time education). The applicant is not entitled to the BMW, but is declared owner of the Renault Megane supplied in 2012. Maintenance for the child is set at €450 per week, with additional structured payments and a lump sum annual payment of €7,000 for the benefit of the child.

Citation
[2012] IEHC 583
Parties
Applicant: S. D.; Respondent: M. L.
Jurisdiction
Ireland
Judgment Date
30 July 2012
Procedural Posture
Consolidated Plenary and Special Summons Family Law Proceedings / Final Judgment After Full Hearing
Outcome
Applicant's claim to ownership of the property and BMW dismissed; declaration of ownership of Renault Megane granted; structured maintenance and lump sum orders made for benefit of child.
Legal Topics
Proprietary Estoppel, Promissory Estoppel, Resulting Trust, Maintenance of Child, Ownership of Property, Ownership of Motor Vehicle
Family Law Property Law Equity Proprietary Estoppel Promissory Estoppel Resulting Trust Maintenance of Child Ownership of Property +1 more

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Parties

S. D.

Applicant

M. L.

Respondent

Procedural Posture

Consolidated Plenary and Special Summons Family Law Proceedings / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the applicant is the legal or beneficial owner of the property in South West Ireland
  2. 2 Whether proprietary or promissory estoppel arises in favour of the applicant regarding the property
  3. 3 Whether a resulting trust arises in favour of the applicant

Ratio Decidendi

The applicant is not entitled to ownership of the property as there was no contract, proprietary estoppel, or resulting trust in her favour. The respondent provided all funds and continues to pay the mortgage. The applicant has not acted to her detriment and has lived rent free. Promissory estoppel only entitles her to reside in the property with the child until the child reaches 18 (or 23 if in full-time education). The applicant is not entitled to the BMW, but is declared owner of the Renault Megane supplied in 2012. Maintenance for the child is set at €450 per week, with additional structured payments and a lump sum annual payment of €7,000 for the benefit of the child.

Court Disposition

Applicant's claim to ownership of the property and BMW dismissed; declaration of ownership of Renault Megane granted; structured maintenance and lump sum orders made for benefit of child.

Orders

  • Applicant not declared owner of the property; right of residence continues only until child reaches 18 (or 23 if in full-time education)
  • Declaration of ownership of Renault Megane coupe in favour of applicant