Merritt v Merritt is a case between a husband a wife. The husband left the jointly owned home to live with another lady. When he left there was an outstanding amount on the mortgage totalling £180. As the house was jointly owned, the husband agreed to help with the ongoing mortgage payments.

He agreed to pay his wife a sum of £40 per month which would enable her to meet the payments. This was on the condition that she (the wife) was to cover any charges relating to the mortgage. This was until the mortgage was paid and then the husband would transfer his share of the property to his wife. This was in place until the mortgage was paid. When the mortgage was cleared the wife brought an action for a declaration that she was the rightful owner of the house.

Merritt v Merritt Outcome: Held

The court found that the agreement between Merritt v Merritt (the husband and wife) was a legally binding agreement. The court of appeal used the case of Balfour v Balfour on the grounds that the husband and wife had separated. Where married couples have split up it is often considered that they do intend to be bound by their past agreements. The written agreement that was signed by the couple was further evidence presented to the court of an intention to be bound