''Merritt v Merritt'' EWCA Civ 6
is an 970
EWCA Civ 6
is an creating legal relations. While under the principles laid out in Balfour v Balfour">English contract law case, on the matter of Creating legal relations in English law">creating legal relations. While under the principles laid out in Balfour v Balfour, domestic agreements between spouses are rarely legally enforceable, this principle was rebutted where two spouses who formed an agreement over their matrimonial home were not on good terms.

Facts

Mr Merritt and his wife jointly owned a house. Mr Merritt left to live with another woman. They made an agreement (signed) that Mr Merritt would pay Mrs Merritt a £40 monthly sum, and eventually transfer the house to her, if Mrs Merritt kept up the monthly mortgage payments. When the mortgage was paid Mr Merritt refused to transfer the house.

Judgment

The Court of Appeal held that nature of the dealings, and the fact that the Merritts were separated when they signed their contract, allowed the court to assume that their agreement was more than a domestic arrangement. Lord Denning MR stated: Widgery LJ and Seymour Karminski">Karminski LJ concurred.

Notes

{{reflist, 2

References

* English enforceability case law Court of Appeal (England and Wales) cases 1970 in case law 1970 in British law

Facts

Judgment

See also

See also

Notes

References