Insufficient reasons established to sever a joint tenancy and partition family home

Conveyancing and property law – seeking an order for partition of the lands and house – family home – wife contributed significantly to mortgage payments – High Court awarded judgment against the husband for €450,000 - judgment mortgage was registered against the family home – judgment mortgagor did not engage either of the defendants in the process of realising the judgment mortgage – wife did not know of the claim in these proceedings until they were served and explained to her on the eve of the hearing – she argued that she has maintained the house and has paid significantly to the repayments and upkeep of same – her only income is now a pension and she would not be able to purchase another family home – judgment mortgagor has refused or omitted to explain how it would not be grossly unfair to the wife to partition the house - should be a process of engagement between a judgment mortgage creditor and innocent third parties who are joint owners of a property with the judgment mortgage debtor prior to the issue of proceedings - onus rests on a judgment mortgage creditor to establish the reasons for severing a joint tenancy when seeking partition - registration of a judgment mortgage does not sever the joint tenancy - order now sought by the judgment mortgagor will probably be “futile” - lead to unnecessary costs and stress - judgment mortgagor has not advanced any reason why partition should be directed other than for his desire for some part payment of the debt owed – Court refuses to make the orders sought.