Somers v W

• Jurisdiction: Ireland
• Judgment Date: 14 February 1979
• Date: 14 February 1979
• Docket Number: [1978 No. 2 Sp.]
• Court: Supreme Court

(S.C.)

Somers

and

W

Requisitions on title - Sale by husband - Wife's consent not obtained - Conveyance void unless purchaser acted in good faith - Whether purchaser made reasonable inquiries - Conveyancing Act, 1882 (45 46 Vict. c. 39), s. 3 - Family Home Protection Act, 1976 (No. 27), ss. 1-4.

Section 3 of the Act of 1976 states that where a spouse, without the prior consent in writing of the other spouse, purports to convey the family home to a third person the conveyance shall be void unless the conveyance is made to a purchaser who acquires the property in good faith and for full value. Section 2 of the Act defines "family home" as including a dwelling in which a spouse ordinarily resides or ordinarily resided before leaving the other spouse. Prior to a certain date in 1973 the defendant lived in the county of Dublin with her husband in his house which he held under...