Whilby-Cunningham, Thelma May v Leroy Augustus Cunningham

Matrimonial Property-Claim for 50% share in dwelling-house-Parties separated-Claim brought more than twelve months after date of separation-Whether the Property (Rights of Spouses) act applicable-Which section of the Act applicable or not or whether the rules of common law and equity apply-House built by spouses on family land-Whether house is not family home because it is built on family land-Whether application of equal share rule ousted by absence of legal title in land on which house is built-the Property (Rights of Spouses) Act, ss 2, 4, 6, 11, 13 & 14