A Co Kildare man's interest in the €465,000 house he had shared with his former girlfriend has been set by a judge at €50,000.
Judge Jacqueline Linnane told John Mooney, a computer designer, St Mary's Avenue, Chapel Lane, Monasterevin, that she was limiting the award because he had operated his business and had maintained an office in the home.
Melese Masterson told the Circuit Civil Court that the house at The Priory, Newbridge, Co Kildare, in which Mr Mooney was seeking a half share, had been in her sole name and had been paid for from the proceeds of her previous home and a new mortgage.
She told her counsel, Ross Maguire, that she and Mr Mooney had been in a relationship for more than 10 years and while he had made contributions towards mortgage repayments, they had been more in the way of rent.
Mr Mooney told the court he had contributed directly to mortgage repayments and had carried out upkeep and maintenance work to that house and the previous house they had shared at Glen Lyon, Templeogue, Dublin.
He said part of the proceeds from the sale of a house he owned in Rathfarnham had been used for day-to-day living expenses when he was with Ms Masterson.
Judge Linnane told Mary-Jo Butler, for Mr Mooney, that the court accepted he had made financial contributions relating to both properties. She said the house in Newbridge and mortgage was in Ms Masterson's name. The couple had shared other investment properties in Dublin and Crete but these were not the subject of the proceedings before the court.
Judge Linnane said the Newbridge property, against which there had been an €80,000 mortgage, had already been sold for €465,000 and €150,000 of that amount had been retained by her solicitors, pending the outcome of Mr Mooney's claim.
"Because of the fact the plaintiff operated his business and office from the defendant's house in my view the appropriate order I make is that Mr Mooney receives the sum of €50,000," she said.
She made no order as to costs.