McFarlane v McFarlane
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1972 |
| Date | 01 January 1972 |
| Court | Court of Appeal (Northern Ireland) |
Wife's application for declaration of interest - House purchased by husband - Wife's contributions - Married Women's Property Act, 1882 (44 45 Vict. c.75), s. 17.
The parties were married in 1946 and separated in 1968. At the time of the marriage the wife was a principal teacher in a primary school and was provided with a free school-house; the husband, who had no home and no settled occupation, moved into the school-house with the wife. After the marriage the husband began dealing in second-hand cars, and later built up a profitable business in car insurance broking. In this he was helped by the wife who did clerical work in connection with the business in the evenings. In 1957 the wife gave up teaching and thereafter worked full-time in the brokerage business. In June, 1959, the husband bought property which previously he had rented: this property was the matrimonial home from 1953 to April, 1960. In October, 1959, the husband bought a further property, and this property was the matrimonial home from April, 1960, to the separation of the parties in 1968. The wife took proceedings in the County Court of Down under s. 17 of the Married Women's Property Act, 1882, for a declaration that she was entitled beneficially to a half-interest in each of the two properties. Held, by the Court of Appeal (Lord MacDermott L.C.J. and Lowry J.) that the wife had no interest of a beneficial kind in either of the two properties. (Per Lord MacDermott L.C.J.) In the absence of proof to the contrary a spouse who had acquired the legal title to property purchased with the aid of a substantial...
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