''Merritt v Merritt'' EWCA_Civ_6
is_an_ EWCA_Civ_6
is_an_English_contract_law">970
EWCA_Civ_6
is_an_English_contract_law_case,_on_the_matter_of_Creating_legal_relations_in_English_law.html" ;"title="English_contract_law.html" ;"title="970
EWCA Civ 6
is an English contract law">970
EWCA Civ 6
is an 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 Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when ...

stated: Widgery LJ and Karminski LJ concurred.

Notes

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References

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

Facts

Judgment

See also

Notes

References