Heavey v Heavey
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1977 |
| Date | 01 January 1977 |
| Court | High Court |
Voluntary conveyance of house by husband to wife - Presumption of advancement not rebutted - Purchase money borrowed by husband - House improved by husband after conveyance - Husband borrowing money to effect improvements - Rents from property collected by husband - Accounts -Husband entitled to set off expense of purpose and of improvements against rents.
In 1967, Mr. Heavey purchased a house in Dublin in his wife's name and converted it into luxury flatlets, the total cost of purchase and renovation being in excess of £33,000, which was financed by a loanfrom a bank. The rents received from the premises were lodged in an account in the joint names of husband and wife. In 1972, the wife sought a declaration under s. 12 of the Married Women's Status Act, 1957, that she was the beneficial owner of the house. She subsequently applied for an account of the rents and profits of the house received by her husband, and for a declaration that she was beneficially entitled to the sum of £23,000 lodged in their joint account. Held, 1, that the wife was the beneficial owner of the house, it being a presumption of law that when a husband makes a purchase of property or transfers money or securities into the name of his wife solely, it is intented as a gift to her...
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