Family Hime Flashcards
Direct contributions - joint bank accounts from which mortgage repaid= automatic equitable share CvC
Issue of indirect contributions- giving rise to resulting trust??
McC v McC
Husband and wife - Dublin- insurance company—- transfer to cork (had to sell family home)
Realised 5000- after paying mortgage- 1800 left- 600 contributed by wife
Mortgage 100 percent kid by employers
1800 spent on furniture
Held- failed to prove indirect contributions
McC established- contribution of work on family business= resulting in beneficial ownership rights through resulting trust
N v N
—-Wife’s management of flats — couple let out
Taken into consideration is awarding beneficial interest
Contribution towards improvements NOT resulting trust— because property is already owned
L v L
Wife —no contribution to purchase of home
Property renovated and improved - used as show room
Husband property consultant
Wife acted as hostess to his overseas clients
Husband alcohol dependent - violent
Equitable ownership?
No
Grounds in Supreme Court
- precedent article 41 protect not give right
Separation of powers issue
Creating rights for wives and mothers
Statute - family home protection act 1976
- applies to place of resident of married couple
— married couple — married in manner recognised by Irish law
—- condition of marriage- irrelevant
LB v HB
Held - lack of intimate relations—- NO impact on applicability of act
Section 3 right to veto
Non owning spouse gets right to veto on conveyance of family home
Requirements of section 3– consent
Prior consent
Consent in writing
Consent must be Valid ( voluntary and fully informed )
Fully informed consent - BOI v Smyth
Husband - sole owner of property
Sought to take mortgage over property through boi
Consent required
Signed consent without being fully informed
Section 4-
allows for owning spouse to make application to have required non owning spouse consent dispensed with
A) unsoundness of mind
B) guilty of desertion
C) unreasonably refusing his/ her consent
Unreasonableness
SOB V MOB
2 parties — living on separate continents and marriage has been annulled by church NOT state
Husband — remarried in a church ceremony
Husband - tried to sell property — to provide 2 houses from proceeds
1st wife—-refused— give her consent on basis that she was mortified
REASONABLY refusing consent
R vR
— wife refused consent
— wife and husband no longer intimate as husband was cheating
They couldn’t afford second mortgage
Held —reasonable
Proper provision
T V T
—wife contributed to purchase of family home and maintenance
—-gave up her career— to support husband
—-retrained —-to act as his secretary and receptionist
—at time of divorce— hed large assets and income —while she returned to work as a GP
His assets- approx 15million
—she was awarded 5 million pounds = proper provision
Contributions recognised as relieving “owning” spouse of responsibility for purchase of property
Gives rise to resulting trust
