M. v M

JurisdictionIreland
Judgment Date01 January 1980
Date01 January 1980
CourtHigh Court
(H.C.)
M
and
M

Purchase of public house - Husband's contributions thereto - Facts not in dispute - Joint ownership with wife and wife's sister - Purchase of wife's sister's interest in premises - Financial difficulties - Husband by agreement going to U.S.A. - Regular remittances to service loans on premises - Sale of premises - Wife and children living free with wife's sister - Purchase of house by wife -House an investment - Loans - Repayments - Contributions by husband - Presumption of advancement rebutted - Contribution by wife of 81/2% and by husband 19% to initial purchase price - Loans discharged equally by husband and wife - Husband entitled to 40% and wife to 60% interest in premises - Married Women's Status Act, 1957 (No. 5 of 1957), s. 12.

The plaintiff husband and the defendant wife, both Irish, were married in New York, U.S.A. in 1960. Both had worked for some time there but the defendant ceased to work on the occasion of her marriage. Four children were born in 1961, 1962, 1966 and 1967 and the family remained in New York until 1968 when all members returned to Ireland to purchase jointly with defendant's sister a public house with the intention that the family should live there and make a living out of running that public house. The wife had previously owned, jointly with her father, a house in Dublin, purchased by means of £2,000, the property of the wife. The house was subsequently sold and the proceeds lodged jointly in a bank account. The defendant's father was killed in a motor accident and left the entire estate by will to the defendant and her mother jointly. The net estate, including the sum in the joint bank account amounted to £7,300. The financing of the purchase of the public house included this amount by the defendant in addition to £1,700 supplied by the plaintiff. Due to differences of opinion between the plaintiff and defendant wife's sister, it was decided that the plaintiff's family should purchase the sister's share, thereby necessitating further borrowing. Severe financial strain resulted and the plaintiff returned to New York whence he contributed funds regularly to defray cost of loans. The public house could not be retained notwithstanding these contributions and was soldleaving a net balance of £4,000. The defendant and four children moved in with her sister, who owned a small hotel and where they obtained free board and lodging. In 1972 the defendant purchased a terraced house in Dublin, the purpose of the...

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