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 a lease. On that date the defendant left the house with her children. On the 2nd August, 1976, the husband contracted to sell the house to the plaintiff for its full value. When the plaintiff's solicitor required the defendant's written consent to the sale, he was informed by the husband's solicitor that the defendant had left the house some years ago and was no longer relying on it as her family home, that the husband was abroad and that the defendant's address was unknown. Having returned to Dublin, the husband on the 16th August, made a statutory declaration in which he stated that the defendant had not relied on the said house as her family home since he and the defendant had separated and that, by virtue of a separation agreement, she had no interest therein. The separation agreement, which was not produced, did not contain any reference to the house. On the 17th August, the plaintiff, relying on the statutory declaration, paid the balance of the purchase money and the husband assigned the house to the plaintiff. When the plaintiff agreed to sell the house in April, 1977, the purchaser insisted on obtaining the defendant's written consent to the sale by her husband. In October, 1977, the plaintiff's solicitor asked the defendant, who was living in Dublin, for her consent to that sale and, when the defendant...

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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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