The High Court has rejected S.D.’s claim that she owned a four-bedroom house in south-west Ireland, while recognising her right to live there with her son until he turns 18, or 23 if he remains in full-time education. The court also ordered weekly maintenance of €450 and specified additional payments by M.L. for the child and the property.
The judgment, delivered by Mr Justice Michael White on 30 July 2012, followed a hearing on five days in March. The proceedings combined S.D.’s property and vehicle claims with applications concerning maintenance and lump-sum payments for the parties’ son, identified as C. The parties were not married.
The house was bought in 2005 under contracts signed by M.L. The judge found that M.L. initially intended to buy it in his own name for C.’s benefit, then decided to put it in S.D.’s name and arrange mortgage finance in her name. M.L. signed a letter stating that €50,000 was a non-repayable gift and that he waived an interest in the property. The judge found the letter was signed to facilitate loan approval, not as part of a contract to give S.D. the house. M.L. paid the other purchase costs, guaranteed the mortgage, met its repayments and covered the property’s upkeep.
The court found that S.D. had not suffered financial detriment by relying on a promise of ownership, and that no resulting trust arose in her favour. It held that her right to live in the house with C. rent-free was intended to provide him with a secure home. The right lasts until he turns 18 if in gainful employment, or until 23 if he remains in full-time education; the judgment did not grant S.D. a right to live there for life.
On the vehicle claim, the judge said M.L. should not have signed S.D.’s name on the BMW transfer form when taking the car back, and that its registration certificate did not prove ownership. The court noted that a Renault Megane coupé had been supplied to S.D. in February 2012 and declared her its owner.
The court ordered M.L. to pay €450 a week for C.’s upkeep and to meet specified costs, including the house mortgage and insurance, education, activities, and running costs for the Renault. S.D. is responsible for household utilities. The judge also directed annual payments of €1,000 for Christmas, €3,000 for a holiday, and a €7,000 lump sum for C.’s benefit, payable in two instalments each year on 1 March and 1 September. The judgment states that the €7,000 is at S.D.’s discretion for C.’s benefit.