Couple who separated after buying £104,000 house settle case

A young couple who bought a £104,000 home in 1997 broke up only a year later, the Circuit Civil Court heard yesterday.

A young couple who bought a £104,000 home in 1997 broke up only a year later, the Circuit Civil Court heard yesterday.

Ms Susan Brown, Glenellen Avenue, Swords, Co Dublin, had asked the Circuit Court president, Mr Justice Smyth, to direct her former partner, Mr John Duffy, to accept a £12,000 settlement to which he had agreed earlier this year.

Mr Robert Barron, for Ms Brown, told the court that when the couple, who were aged 19 and 20 at the time, bought the house, Ms Brown had made a down-payment of £79,000 from her own money and she and Mr Duffy had raised the remainder through a joint mortgage of £25,000.

Mr Barron said the couple separated in April last year and Ms Brown moved out of the house.

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Mr Duffy had changed the locks and she could not get back in. He said there had been many discussions and attempts to resolve the situation.

Mr Duffy had always indicated that if they separated, he would acknowledge the bulk of the money used to buy the house had come from Ms Brown and he would not cause any trouble.

Mr Barron said in mid-January this year, the parties, in consultation with their solicitors, had agreed terms for a settlement but Mr Duffy, half an hour later, had reneged on the deal.

He told the court Ms Brown was seeking specific performance of the final settlement.

As a secondary action, she would seek a declaration that the entire beneficial interest in the property, or close to it, was hers.

Mr Justice Smyth said it was the type of case in which he did not make an order for costs and he suggested "reality" talks.

Mr Barron later told the court the matter had been resolved in confidential terms to include an undertaking from Mr Duffy to the court to vacate the premises on January 14th.