Sunday 11 December 2016

Revenue appeals co-owned land ruling

Tim Healy

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.

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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.

Irish Independent

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