A father and daughter went to court yesterday to dispute their share of a house which increased 50 times in value since it was bought.The judge urged them to come to a settlement.
Judge Michael O'Shea heard that the three-bedroom house in Carrickbrack Lawn, Sutton, Co Dublin, would go under the hammer next year with an asking price of €1.2 million. He was told in the Circuit Civil Court the house had been bought in 1976 for £18,500 (€22,860).
Judge O'Shea, following a full hearing of the legal row between James Horan (79), of Bettyglen, Raheny, Dublin, and his daughter, Maura Byrne, who lives in the Carrickbrack Lawn house, invited both to settle their dispute without him having to make a court order.
He said when Ms Byrne separated from her husband in 1978, her father had bought a two-thirds share in the house for £12,500 to permit her to pay off her husband's share under a separation agreement.
Since then she had continued to live rent-free in the property, and while she had maintained the house he would have to be convinced she had an entitlement to more than 40 per cent of the sale value which her father had offered her to allow the house to be sold.
Judge O'Shea said Mr Horan was now almost 80 and wanted to tidy up his financial affairs. He had 10 other children to consider.
He said both parties had behaved impeccably, but had been unable to resolve their differences. Ms Byrne had felt she was entitled to a 50 per cent share. He said he would give a judgment if he had to, but felt the parties should negotiate a settlement.
Mr Donall Ó Laoire, counsel for Mr Horan, said, following a brief adjournment, it had been agreed the €1.2 million property would be put on the market from March 1st, and the proceeds divided 60 per cent to Mr Horan and 40 per cent, about €480,000, to Ms Byrne.
Judge O'Shea refused to make any order for costs.