Stupid dispute

poggo

I am almost embarassed to post this,, but I have to now know the answers. I had a dispute with someone over the status of Married and Unmarried couples in Ireland, my adversary says; it is the Law in Ireland that a Wife has to be put on the deeds of any property owned by the couple, I cannot believe that this is the case. I certainly would not Marry in Ireland if I had to put my wife on the deeds to a house I have bought outright and owned for some 20 years. Now I understand that the maritial home would and could become the subject of legal proceedings in the case of a breakdown of the Marriage, but that a house solely owned by me prior to Marriage has to have my wife's name added to the deed (subject to Irish Law) cannot be true. Any Solicitors chewig on their toast out there please answer this.. thanks

littlelulu

poggo wrote: »

I am almost embarassed to post this,, but I have to now know the answers. I had a dispute with someone over the status of Married and Unmarried couples in Ireland, my adversary says; it is the Law in Ireland that a Wife has to be put on the deeds of any property owned by the couple, I cannot believe that this is the case. I certainly would not Marry in Ireland if I had to put my wife on the deeds to a house I have bought outright and owned for some 20 years. Now I understand that the maritial home would and could become the subject of legal proceedings in the case of a breakdown of the Marriage, but that a house solely owned by me prior to Marriage has to have my wife's name added to the deed (subject to Irish Law) cannot be true. Any Solicitors chewig on their toast out there please answer this.. thanks

Good grief.... You marry someone you want to share your whole life with. Its a contract you sign where two become one unit and yes it means that whats mine is yours and whats yours is mine! If you really want to spend your life with that person then who owns what should not come into it.

I don't know if legally a name has to be added but as far as I'm aware once married the spouse becomes co-owner of everything. I have known marriages to break down and the spouse to walk away and leave the house to the person who originally owned it. It depends on the couple. It gets even more complicated when children are involved.

poggo

littlelulu wrote: »

Good grief.... You marry someone you want to share your whole life with. Its a contract you sign where two become one unit and yes it means that whats mine is yours and whats yours is mine! If you really want to spend your life with that person then who owns what should not come into it.

I don't know if legally a name has to be added but as far as I'm aware once married the spouse becomes co-owner of everything. I have known marriages to break down and the spouse to walk away and leave the house to the person who originally owned it. It depends on the couple. It gets even more complicated when children are involved.

good grief it is a legal question if you read my op you will see I added tyhat I know that everythingis shared thanks for your useless almost hysterical reply as I said and repeat it is a legal question

Carraig Fhearghais

poggo wrote: »

good grief it is a legal question if you read my op you will see I added tyhat I know that everythingis shared thanks for your useless almost hysterical reply as I said and repeat it is a legal question

If you had not added this line

I certainly would not Marry in Ireland if I had to put my wife on the deeds to a house I have bought outright and owned for some 20 years.

then you may have not got that reaction to your post.

my 2p

littlelulu

Carraig Fhearghais wrote: »

If you had not added this line
then you may have not got that reaction to your post.

my 2p

Spot on! Thats exactly what my reaction was in response to.

Sam Kade

The answer is no it is not a law in Ireland that the wife has to be put on the deeds of property you owned before getting married.

Pro Hoc Vice

OP your friend is getting confused with the family home protection act, that simply says one spouse can not sell or deal with the family home with out the permission of the other spouse. The other spouse does not own the house but can stop and sale or lending on the property to protect the family home.

Valentine1

No you do not have to add your wife to the deeds once married nor does a spouse automatically co own everything once they are married. However a Spouse may acquire an interest in a family home by making contributions to it both directly and indirectly. Should a couple divorce the Courts can make Property Adjustment Orders to change the ownership of a property.

Santa Cruz

Pro Hoc Vice wrote: »

OP your friend is getting confused with the family home protection act, that simply says one spouse can not sell or deal with the family home with out the permission of the other spouse. The other spouse does not own the house but can stop and sale or lending on the property to protect the family home.

Good answer. Any other property owned by either party can be decided on in event of divorce or death.

poggo

Carraig Fhearghais wrote: »

If you had not added this line
then you may have not got that reaction to your post.

my 2p

Really!!!! Littlelulu is entitled to her opinion,,i do not agree with her( but I would die fighting for her right to express her opinion) because it was quite straight forward,,as i said in op it was stated that all property for married ppl has to have both names on deeds,,simples.....

PS i make an assumption that littlelulu is a woman and not a diminutive WC lol!!!!

poggo

Just to clarify this and I wonder how may others would get married in Ireland or any other country where it was the Law to have to add the name of your spouse to any property one or the other owns, do not forget that this would work both ways,,so if a woman had a flat she would have to put her husbands name on the deeds,,I have asked a few ppl at work and the reply was unanamous not one person would get married in a country which had such laws,,even though any property that was owned by either party would become what is called "community property" (now please do not over react to this phrase, it is what the Americans call all property which is the subject of Divorce Proceedings.....


Poggo....:)

eigrod

Are pre-nuptial agreements common in Ireland ?

Pat Mustard

No.

Valentine1

eigrod wrote: »

Are pre-nuptial agreements common in Ireland ?

The Mustard wrote: »

No.

they are becoming more and more popular.

Beano

Valentine1 wrote: »

they are becoming more and more popular.

But do they have any legal weight?

Recondite49

littlelulu wrote: »

Spot on! Thats exactly what my reaction was in response to.

Your response was still way over the top for what was a sensible question. Also your opinion is entirely irrelevant when it comes to a matter of law.

I don't expect to own anything belonging to my partner when I marry. If you and your husband feel the institution of marriage means you should own everything in your joint names then do so, there's no legal obligation to do it though. I wouldn't dream of expecting a part share in anything my partner has bought for herself when we marry.

Pro Hoc Vice

Beano wrote: »

But do they have any legal weight?

In simple legal terms a court can if it wishes ignore any pre nup, but a court can of course take any such agreement into consideration when making a decision. As long as both parties are aware it can be ignored then work away.

Valentine1

Beano wrote: »

But do they have any legal weight?

Pro Hoc Vice wrote: »

In simple legal terms a court can if it wishes ignore any pre nup, but a court can of course take any such agreement into consideration when making a decision. As long as both parties are aware it can be ignored then work away.

Pro Hoc is pretty spot on, there hasn't been a decision that says they are enforceable so they may be disregarded but that doesn't mean they are worthless. As stated a court may give a prenup consideration as it is a clear agreement between the parties and shows their intentions at the time they got married. If a couple are keen to execute one they may as well because at least that way it may be considered in the future.

lulu1

poggo wrote: »

good grief it is a legal question if you read my op you will see I added tyhat I know that everythingis shared thanks for your useless almost hysterical reply as I said and repeat it is a legal question

What a downright insulting reply you have given little lulu you asked a question deal with the reply. As far as I can see your attitude after marrage is What's you'rs is mine and what's mines my own.

Recondite49

lulu1 wrote: »

What a downright insulting reply you have given little lulu you asked a question deal with the reply. As far as I can see your attitude after marrage is What's you'rs is mine and what's mines my own.

The response was insulting in itself. Her opinion is also irrelevant to the letter of the law.