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Court refuses order for sale of family home against the wishes of innocent spouse
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Court of Appeal dismisses appeal from High Court, and upholds ruling refusing to direct the sale of jointly owned family homes to enable the discharge of a judgment debt obtained by a credit union against one of the spouses, on the grounds that the effect of any such order would be to direct the sale of the family home over the wishes of the innocent spouse who was not a party to the loan transaction.
Credit Union – banking law – whether it would be appropriate to grant an order directing the sale of jointly owned family homes to enable the discharge of a judgment debt obtained by a credit union against one of the spouses – High Court refused to grant orders directing the sale of jointly owned family homes –s. 31 of the Land Law and Conveyancing Act 2009 – partition and sale of a family home – Wylie, The Land and Conveyancing Law Reform Act 2009: Annotation and Commentary (Dublin, 2009) – jurisdiction of the Court to order partition and sale prior to the 2009 Act – Mee, “Partition and Sale of the Family Home” (1993) 15 D.U.L.J. 78 and Conway, Co-Ownership of Land: Partition Actions and Remedies (Dublin, 2012) – effect of any such order would be to direct the sale of the family home over the wishes of the innocent spouse who was not a party to the loan transaction – no order for sale of the family homes in question – appeal dismissed.
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