W v W

JurisdictionIreland
CourtHigh Court
Judgment Date01 January 1981
Date01 January 1981
(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...

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12 cases
  • B.L. v M.L.
    • Ireland
    • Supreme Court
    • 1 January 1992
    ...towards the purchase of the family home, but her work in the home is of real monetary value. C. v. C.IR [1976] I.R. 254; W. v. W.DLRM [1981] ILRM 202; H.D. v. J.D. (Unreported, High Court, Finlay P., 31 July, 1981) and R.K. v. M.K.(Unreported, High Court, Finlay P., 20 November, 1978) not f......
  • E.N. v R.N.
    • Ireland
    • Supreme Court
    • 1 January 1992
    ...the mortgages raised on the property should be taken into account when assessing her beneficial interest in the property. W. v. W.DLRM [1981] ILRM 202 approved. 4. That the wife's work in managing the flats was of a different nature to and should not be identified with the work of a wife an......
  • M.C v B.S
    • Ireland
    • High Court
    • 17 June 2008
    ...70 ER 64 DUNBAR v DUNBAR 1909 2 CH 639 STACK v DOWDEN 2007 2 WLR 831 2007 2 AC 432 2007 2 AER 929 FAMILY HOME PROTECTION ACT 1976 W v W 1981 ILRM 202 1981/8/1344 F (R) v F (M) 1995 2 ILRM 572 1985/8/2121 O'CONNELL v HARRISON 1927 IR 330 GISSING v GISSING 1971 AC 886 1970 3 WLR 255 1970 2 ......
  • R (G) v D (J J)
    • Ireland
    • High Court
    • 5 December 2014
    ...ET COMMERCIALE DU PACIFIQUE v PERUVIAN GUANO CO 1882 11 QBD 55 31 WR 395 48 LT 22 EYKYNS TRUSTS, IN RE 1877 6 CD 115 37 LT 261 W v W 1981 ILRM 202 1981/8/1344 CONSTITUTION ART 41 CONSTITUTION ART 42 DPP, STATE v WALSH 1981 IR 412 W v W 1993 2 IR 476 1993 ITR 473 1992/13/4362 MCKINLEY v M......
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1 books & journal articles
  • The Family Home: Constructive and Resulting Trusts in Irish and English Law
    • Ireland
    • Trinity College Law Review No. II-1999, January 1999
    • 1 January 1999
    ...the question. The statute gives the courts a complete discretion in recasting property interests where the parties are married. :0 [1981] ILRM 202. ' [1986] ILRM 1. 12 G.K. v. E.K., Unreported, High Court, 6 November 1985, O'Hanlon J. [Vol. 2 1999] The Family Home: Constructive and Resultin......