The High Court has ordered the sale of a jointly owned family home following an appeal in judicial separation proceedings, directing that the remaining net proceeds be divided equally between the parties.
In a judgment delivered on 24 November 2014, Ms Justice Bronagh O’Hanlon affirmed the judicial separation decree made by the Circuit Court on 13 November 2013. The appeal concerned the Circuit Court’s arrangement allowing the respondent/appellant to buy the applicant/respondent’s share of the home, with sale and equal division as the alternative. He appealed, submitting that the arrangement would leave him homeless.
The High Court found that the marriage had irretrievably broken down, that there had been no normal marital relationship for at least a year before proceedings began, and that there was no reasonable prospect of reconciliation. Both parties sought proper provision. The judgment records that they were in receipt of social welfare and unable to continue working. The applicant/respondent was living in rented accommodation in a town in the east of Ireland; the home at issue was in the west.
The judge found the applicant/respondent to be a truthful witness and rejected allegations that she had other bank accounts and had misled the court. The judgment also records evidence about the parties’ contributions to the home and household, the respondent/appellant’s retention of some income for his own use, and their dispute over funeral expenses for their deceased son. The court ordered any outstanding debt to the funeral director to be paid from the home’s net sale proceeds before equal distribution.
The home is to be put on the market forthwith, with “EB” appointed as auctioneers. The applicant/respondent is to deal with the auctioneers and keep the respondent/appellant informed through solicitors; he is restrained from interfering with the sale. If either party fails to sign documents needed for the sale, the County Registrar or a nominated official may execute them on that party’s behalf after seven days.
The applicant/respondent is to advance €3,000 from the sale proceeds for temporary accommodation for the respondent/appellant. That amount is to be repaid to her from his 50% share before his remaining proceeds are transferred. The order directs him to vacate by 2 January 2015. Auctioneer, conveyancing and solicitors’ costs are also to be paid from the net proceeds before the balance is divided equally. The applicant/respondent must provide a list of contents she wishes to take from the home before the sale closes.
The court also ordered the respondent/appellant to transfer his entire legal and beneficial interest in a grave plot at Fingal Cemetery to the applicant/respondent. It extinguished each party’s succession rights against the other and barred further applications under a specified family-law provision, but stayed those orders until each party receives their share of the net sale proceeds. There was no order as to costs.