Plummer, Judith v Plummer, Andrew

Case Number: 
2006HCV00864
Date of Delivery: 
28.08.2013

Application for declaration of interest under Property (Rights of Spouses) Act, 2004 - Whether property is 'family home' for the purposes of the Act - Principles of resulting and/or constructive trusts applicable in claims for beneficial interest in property - Effect of Stack v Dowden - Burdern of proof on person advancing interests other than that shown on title - Application of Property (Rights of Spouses) Act to property other than the family home - Extent of courts descretion in making 'division of property under section 14 - Circumstances informing a just and reasonable division of property ' contribution' - Whether decree absolute is proper trigger for the purposes of an application under the Act.

 

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