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Family Law Maintenance act

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  • 23-06-2010 4:31pm
    #1
    barman linen
    Registered Users Posts: 262 ✭✭


    Hi,

    Am not looking for advice - just opinions on a hypothetical situation that might arise.....


    Let's say a couple are separated and split property assets - the wife remaining in the family home and it is transferred into her name. The husband takes other assets and makes regular maintenance payments.


    Could this clause of the act imply that he can build up property rights in the home by paying such maintenance ?



    21.—Any allowance made by one spouse to the other spouse after the commencement of this Act for the purpose of meeting household expenses, and any property or interest in property acquired out of such allowance, shall, in the absence of any agreement, whether express or implied, between them to the contrary, belong to the spouses as joint owners.


    http://www.irishstatutebook.ie/1976/en/act/pub/0011/sec0021.html#zza11y1976s21


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