Revenue appeals co-owned land ruling
Published 15/05/2010 | 05:00
THE Supreme Court is to decide whether judgments for repayment of debts against a man can be enforced on property co-owned by his estranged wife.
The court said yesterday it would hear arguments over the matter following an appeal in a High Court case in which the Revenue Commissioners sought to execute judgment orders, obtained by it against a man, against property co-owned by him and his estranged wife.
The Revenue is involved in at least 20 similar cases.
The issues were of "fundamental importance" relating to the property rights of co-owners of registered lands where creditors wanted to divide or sell the property to satisfy a judgment mortgage obtained against just one of the co-owners, Chief Justice John Murray said yesterday.
The High Court ruled against the Revenue and it lodged an appeal to the Supreme Court.
The court date is yet to be fixed.