Somers v W

JurisdictionIreland
Judgment Date14 February 1979
Date14 February 1979
Docket Number[1978 No. 2 Sp.]
CourtSupreme 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...

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32 cases
  • H v S
    • Ireland
    • High Court
    • 10 July 1979
    ...consent required by s. 3 of the Family Home Protection Act, 1976, unless a court order was obtained under s. 4 of the Act. Somers v. W.IR [1979] I.R. 94 applied. ...
  • Bula Ltd v Tara Mines Ltd (No. 6)
    • Ireland
    • Supreme Court
    • 3 July 2000
    ...IN RE EX PARTE ADAMSON 1878 8 CH D 807 NORTHERN BANK V HENRY 1981 IR 1 GAHAN V BOLAND UNREP SUPREME 20.1.1984 1984/2/453 SOMERS V W 1979 IR 94 UNITED AUSTRALIA LTD V BARCLAYS BANK LTD 1940 4 AER 20 GOKTAS V GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES 1993 31 NSWLR 684 JRL, IN RE EX PAR......
  • Hamilton v Hamilton
    • Ireland
    • Supreme Court
    • 9 February 1982
    ...Pty. Ltd. v. Nash. [1961] A.C. 927. 13 Nestor v. Murphy [1979] I.R. 326. 14 Kyne v. Tiernan (High Court: 15th July 1980). 15 Somers v. W. [1979] I.R. 94. 16 Wroth v. Tyler [1974] Ch. 30. 17 Rice v. Dublin Corporation [1947] I.R. 425. 18 Tempany v. Hynes [1976] I.R. 101. 19 Carson v. Carson ......
  • Bank of Ireland v Smyth
    • Ireland
    • Supreme Court
    • 1 January 1996
    ...PROTECTION ACT 1976 S3(3) FAMILY HOME PROTECTION ACT 1976 S4 FAMILY HOME PROTECTION ACT 1976 S1 DUNNE V HAMILTON 1982 IR 466 SOMERS V W 1979 IR 94 N (ORSE K) V K 1986 ILRM 75 G V BORD UCHTALA 1980 IR 32 CONVEYANCING ACT 1882 S3 FAMILY HOME PROTECTION ACT 1976 S2(2) BANK OF IRELAND V SLE......
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