W v W

• Jurisdiction: Ireland
• Judgment Date: 01 January 1981
• Date: 01 January 1981
• Court: High Court

(Ch. D.)

(H.C.)

McKeown

and

McKeown

W

and

W

Wife's application for declaration of interest - Lease as joint tenants -Mortgage in joint names - Mortgage repayments made from husband's earnings, then from joint earnings, and. after husband's desertion, from wife's earnings alone - Determination of extent of wife's interest - Whether her interest enlarged - Married Women's Property Act, 1882 (44 45 Vict. c. 75), s. 17.

Land in husband's sole name - Wife's application for declaration of interest - Contributions made by wife - Beneficial interest - Married Women's Status Act,1957 (No. 5), s. 12.

A site, on which the matrimonial home was later built, was assured to the husband and wife in 1956. The acquisition of the site and the construction of the house were financed by a mortgage, for which the wife supplied the deposit. Until 1959, the mortgage instalments and ground rent were paid by the husband out of his own earnings; from 1959 to 1969, when the parties separated, these payments were made from the joint earnings of both parties; thereafter these payments were made by the wife out of her own earnings, except as stated below. An originating summons was brought to determine the extent of the wife's interest in the matrimonial home. Held 1. That the parties had taken the property jointly and until 1969 neither parties had by their payments, expected or intended to extend the beneficial interest each had originally acquired. 2. That with regard to the wife's payments after 1956, although she had the full use of the property, as the husband was at fault, she was entitled to recover half of those payments out of the husband's interest in the property, except for a seven-month period when the husband was contributing, under a maintenance order, to the household expenses. Cracknell v. CracknellELR [1971] P. 356 applied. 3. That the sums awarded to the wife, including property should be charged on the husband's interest in the property under s. 17 of the Married Women's Property Act, 1882.

The parties were married in 1966 at which time a farm was transferred to the defendant husband subject to encumbrances. Both parties applied their savings to stocking and improving the farm. The plaintiff wife brought horses on to the lands and indulged in successful bloodstock activities. The plaintiff took an active part in the work on the lands and paid a further £1,800 into the farm bank account. Many improvements were made to the farm. A modern milking...