A housewife was beaten by her husband until she consented to him remortgaging the family home to save his ailing business, a court was told yesterday.
Judge Liam Devally said in the Circuit Civil Court that the woman had received "a fairly severe beating" when she had refused 19 years ago to agree to a £25,000 mortgage being raised on their four-bedroom semi in Dublin 6.
After ruling that the woman's identity should not be published, Judge Devally granted her a declaration that the mortgage raised in 1983 was invalid as her consent had not been valid.
He dismissed an application by the Irish Nationwide Building Society for possession of the €300,000-plus house for payment default on the outstanding €40,000 mortgage debt. His decision wipes out the building society's claim against the property and leaves her home mortgage-free.
Mr Alastair Rutherdale, counsel for the woman, said her husband had purchased the house in his sole name in 1973 on foot of a then £5,000 mortgage. The mortgage had been increased to £25,000 in 1983 with the Irish Mutual Building Society, later taken over by Irish Nationwide.
After the husband had left the family home in 1993, family law proceedings had been instituted by his client and a family law judge had in 1995 granted her full beneficial interest in the family home. She stopped making repayments on the mortgage.
Mr Brendan Watchorn, counsel for Irish Nationwide, said in accordance with the Family Home Protection Act, the woman, as a non-owning spouse, had signed the prior written consent form and the documents relating to the transaction were in order.
Judge Devally said when the wife objected to remortgaging the home, the husband used violence to ensure she did."I accept the veracity of her evidence and I hold that she had no choice."
Costs were awarded against Irish Nationwide.