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Legal Property Question

  • 05-12-2013 7:46pm
    #1
    Two Flutes
    Banned (with Prison Access) Posts: 11 ✭


    In general terms is the owner of a property, eg: a house, simply the person whose name is on the title?. So for example if a husband and wife live together and the husband owns the house, the wife has no rights to the property. Does the wife have a right in law to live there ?
    Or say in a more complicated example. Two siblings inherit a house and both move in with their spouses. Do the spouses have any right to live there or again is it just at the agreement of both parties ?


Comments

  • #2
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    Two Flutes wrote: »
    In general terms is the owner of a property, eg: a house, simply the person whose name is on the title?. So for example if a husband and wife live together and the husband owns the house, the wife has no rights to the property. Does the wife have a right in law to live there ?
    Or say in a more complicated example. Two siblings inherit a house and both move in with their spouses. Do the spouses have any right to live there or again is it just at the agreement of both parties ?

    There is a difference between legal (paper ownership) and equitable (beneficial interest) ownership. It's probably one of the most mind bending areas of law when you first encounter it. Have a google.

    Wifes are covered specifically under legislation, under the Family Home Protection Act.


  • #3
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    Two Flutes wrote: »
    In general terms is the owner of a property, eg: a house, simply the person whose name is on the title?. So for example if a husband and wife live together and the husband owns the house, the wife has no rights to the property. Does the wife have a right in law to live there ?
    Or say in a more complicated example. Two siblings inherit a house and both move in with their spouses. Do the spouses have any right to live there or again is it just at the agreement of both parties ?

    As Bepolite has said, that is an incredibly complex question and would depend on the exact nature of the various estates in the property in question.

    Generally speaking (and at a very high level of absraction) a right to occupy is separate from ownership of an estate in land. A right to occupy can involve something as weak as a licence. Or something more substantial like a life estate with restrictions on alienation.


  • #4
    Victor
    Registered Users, Registered Users 2 Posts: 78,490 ✭✭✭✭Victor


    Two Flutes wrote: »
    In general terms is the owner of a property, eg: a house, simply the person whose name is on the title?
    Note that there may be things like long term lease, unregistered tiles, etc. - even if you 'own' a property, other people may have rights.


  • #5
    EUSTY500
    Registered Users Posts: 15 ✭EUSTY500


    3rd year law student with a relevant question:

    Can anyone briefly explain what "the home" is? (as a legal concept)

    Struggling with it as there are mountains of information on such a general topic.

    Presume it concerns how the courts treat husbands & wives / co-habiting partners etc. with regard to disputes over family property, and covers the development of the law since 1976, and includes how Equity treats spouses who contribute directly or indirectly to the mortgage.

    Or am I way off...?


  • #6
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    EUSTY500 wrote: »
    3rd year law student with a relevant question:

    Can anyone briefly explain what "the home" is? (as a legal concept)

    Struggling with it as there are mountains of information on such a general topic.

    Presume it concerns how the courts treat husbands & wives / co-habiting partners etc. with regard to disputes over family property, and covers the development of the law since 1976, and includes how Equity treats spouses who contribute directly or indirectly to the mortgage.

    Or am I way off...?

    I don't remember this being a particularly troublesome area, perhaps a deficiency in my own reading to be fair. It's obviously only going to be a problem where the couple have multiple dwellings and spend a significant time in each. The family home is simply going to be, in most cases, where the couple reside. There is probably a definition in the FHP Act.

    I'm not sure a home is treated any differently in equity than any other form of reality beyond perhaps the Judges individual discretion.

    Obviously don't take any of the above as gospel, do your own reading and verify/correct what I'm saying.

    EDIT:

    Family Home Protection Act, 1976

    Family home.

    2.—(1) In this Act “family home” means, primarily, a dwelling in which a married couple ordinarily reside. The expression comprises, in addition, a dwelling in which a spouse whose protection is in issue ordinarily resides or, if that spouse has left the other spouse, ordinarily resided before so leaving.

    (2) In subsection (1) “dwelling” means—

    (a) any building, or

    (b) any structure, vehicle or vessel (whether mobile or not),

    or part thereof, occupied as a separate dwelling and includes any garden or portion of ground attached to and usually occupied with the dwelling or otherwise required for the amenity or convenience of the dwelling.


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