D. McC. v M. McC

JurisdictionIreland
Judgment Date01 January 1986
Date01 January 1986
CourtSupreme Court
(S.C.)
D. McC
and
M. McC

Beneficial interest -Wife seeking a declaration of interest in husband's house.

A wife, the plaintiff and appellant, who had contributed to the cost of a previous matrimonial home, was agreed to have been entitled to one-third of the net proceeds of its sale, which had been £1,800. The husband went on to acquire another house for £9,000, but under an arrangement with his employer he did not pay for the acquisition but merely discharged the mortgage repayments on a loan. The sum of £1,800 was, with the wife's consent, expended on furniture. The wife sought a declaration that she was entitled to a share of one-eighteenth in the new house, a fraction that was a simplification of the calculation 600/10,800, where the numerator represented her share of the proceeds of sale and the denominator the addition of the costs of the new house and its furniture. In the High Court [1981 No. 357 Sp], Costello J. rejected this contention and found that the wife's interest was confined to a...

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8 cases
  • L.B. v Ireland, Attorney General and by order P.B
    • Ireland
    • High Court
    • 7 Julio 2006
    ...[1994] 1 I.R. 305; [1994] 1 I.L.R.M. 241. E.N. v. R.N. [1992] 2 I.R. 116; [1992] I.L.R.M. 127. N (otherwise K.) v. K. [1985] I.R. 733; [1986] 1 I.L.R.M. 1. Ryan v. The Attorney General [1965] I.R. 294. D.T. v. C.T. (Divorce : Ample resources) [2002] 3 I.R. 334. Plenary summons The facts hav......
  • Mf and Ef v Jdf
    • Ireland
    • Supreme Court
    • 12 Julio 2005
    ...1981 41 P & CR 179 FAMILY HOME PROTECTION ACT 1976 S3 FAMILY LAW ACT 1995 S54(1)(A) NATIONAL IRISH BANK v GRAHAM 1995 2 IR 244 MCC v MCC 1986 ILRM 1 1984 5 1409 N A D v T D 1985 ILRM 153 SMYTH v HALPIN 1997 2 ILRM 38 GILLETT v HOLT 2000 2 AER 289 EQUITY promissory estoppel Proprietary e......
  • M.C v B.S
    • Ireland
    • High Court
    • 17 Junio 2008
    ...5 APP CAS 651 RICHARDSON v FEARY 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/......
  • B.L. v M.L.
    • Ireland
    • Supreme Court
    • 1 Enero 1992
    ...to a proportionate beneficial interest in the said property by way of resulting trust. C. v. C.IR [1976] I.R. 254 and McC. v. McC.DLRM [1986] ILRM 1 considered. 2. That Article 41 of the Constitution of Ireland, 1937, recognises the important role of women within the home as supporting the ......
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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 Enero 1999
    ...The statute gives the courts a complete discretion in recasting property interests where the parties are married. :0 [1981] ILRM 202. ' [1986] ILRM 1. 12 G.K. v. E.K., Unreported, High Court, 6 November 1985, O'Hanlon J. [Vol. 2 1999] The Family Home: Constructive and Resulting Trusts 3 Ind......
  • 'Til death do us part? : Cohabitees and the law
    • Ireland
    • Irish Judicial Studies Journal No. 2-2, July 2002
    • 1 Julio 2002
    ...or divorce respectively. 13 [1976] I.R. 254 (Kenny J.). 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 2002] Cohabitees and the Law 194 further stretched the notion of contribution in McC. v. McC.15to include ......

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