C v C

JurisdictionIreland
Judgment Date01 January 1977
Date01 January 1977
Docket Number[1973 No. 170 Sp.]
CourtHigh Court
(H.C.)
C
and
C

Wife's application for declaration of interest - Wife's contributions to purchase of house - Infants - Custody - Maintenance - Injunction granted to wife - Married Women's Status Act, 1957 (No. 5), s. 12 - Guardianship of Infants Act, 1964 (No. 7), s. 11.

After the marriage of the plaintiff wife with the defendant husband, the husband purchased a house by means of a mortgage and the property was used by the parties as their matrimonial home and was vested in the husband subject to the mortgage. The wife supplied the money for the initial deposit and other expenses and her contributions, with the principal moneys advanced by the mortgagee, enabled the defendant to buy the house. From time to time the wife supplied money towards the repayment of such principal moneys. The total sum supplied by the wife in connection with the acquisition of the house amounted to one half approximately of the purchase price of the house. After six years of marriage the husband began to insult and assault the wife. There were four children of the marriage, aged between 12 and 4 years, and they were afraid of the husband. The husband left home and stopped maintaining his wife and family. The wife issued a summons in the High Court and claimed certain relief under the Married Women's Status Act, 1957, and the Guardianship of Infants Act, 1964. Held by Kenny J., in granting the relief sought, 1...

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25 cases
  • (NA) D v (T) D
    • Ireland
    • High Court
    • 1 January 1985
    ...wife entitled to interest in property - Wife without such interest - (1982 No. 452 Sp. - Barron J. - 10/5/84). |D. v. D.| Citations: C V C 1976 IR 254, 111 ILTR 133 HEAVEY V HEAVEY 111 ILTR 1 MCFARLANE V McFARLANE 1972 NI 59 SNELL PRINCIPLES OF EQUITY 18ED P1920 W V W 1981 ILRM 202 1 Ju......
  • R v R
    • Ireland
    • High Court
    • 12 January 1979
    ...necessaries for herself and in my view both kinds of expenditure come within the principle enunciated by Mr. Justice Kenny in C. .v. C. ( 1976 I.R. 254)namely that the wife's contribution which will give her a claim to a beneficial interest in the matrimonial home may take the form of payi......
  • McGill v Snodgrass
    • Ireland
    • High Court
    • 25 July 1979
    ...in England in Tanner .v. Tanner 1975 1 W.L.R. 1346 and also the judgments of Kenny J. in Heacey .v. Heavey 111 I.L.T.R. 1, and C .v. C 1976 I.R. 254. The two Irish cases were claims each by a wife against her husband under section 12 of the Married Women's Status Act 1975 which is the mo......
  • M.C v B.S
    • Ireland
    • High Court
    • 17 June 2008
    ...1888 39 CH D 45 SWAN v SWAN 1820 8 PRICE 518 146 ER 1281 SINCLAIR v JAMES 1894 3 CH 554 MCC (D) v MCC (M) 1986 ILRM 1 1984/5/1409 C v C 1976 IR 254 1977 111 ILTR 133 POWER v CONROY 1980 ILRM 31 1980/9/1685 KELLY v CAHILL 2001 1 IR 56 2001 2 ILRM 205 2001/13/3676 CONTAINERCARE (IRL) LTD v WY......
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2 books & journal articles
  • The Family Home: Constructive and Resulting Trusts in Irish and English Law
    • Ireland
    • Trinity College Law Review No. II-1999, January 1999
    • 1 January 1999
    ...all references to direct contributions to the purchase price shall include contributions towards mortgage instalments also. ' [1976] IR 254. The notion of resolving matrimonial property disputes by the application of a trust was referred to two years previously by Kenny J. in Heavey v. Heav......
  • 'Til death do us part? : Cohabitees and the law
    • Ireland
    • Irish Judicial Studies Journal No. 2-2, July 2002
    • 1 July 2002
    ...Act, 1996 the court is empowered to make property adjustment orders upon a decree of judicial separation or divorce respectively. 13 [1976] I.R. 254 (Kenny 14 This has subsequently been approved by the Supreme Court in McC. v. McC. [1986] I.L.R.M. 1 where Henchy J. stated that “where the 20......

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