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Stupid dispute

  • 08-06-2014 6:11am
    #1
    Registered Users, Registered Users 2 Posts: 15


    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 chewing on their toast out there please answer this.. thanks :)


Comments

  • Registered Users, Registered Users 2 Posts: 10,695 ✭✭✭✭Marcusm


    There is no law as to joint ownership; however, the Family Home Protection Act will be relevant for any disposal of a property which is or has been a family home for a married couple. Basically, the registered owner would not be in a position to sell it without consent of the non owning spouse.


  • Registered Users, Registered Users 2 Posts: 15 poggo


    Marcusm wrote: »
    There is no law as to joint ownership; however, the Family Home Protection Act will be relevant for any disposal of a property which is or has been a family home for a married couple. Basically, the registered owner would not be in a position to sell it without consent of the non owning spouse.

    thank you for your measured reply, it was a stupid argument and as I say feel embarrassed to ask but I needed to know. This act is new?? the contention of the other party is that because Ireland is a religious country this is enshrined in the Law,, I know it makes no sence but I was sure it was not a legal requirment. thanks for your reply..:)


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    poggo wrote: »
    thank you for your measured reply, it was a stupid argument and as I say feel embarrassed to ask but I needed to know. This act is new?? the contention of the other party is that because Ireland is a religious country this is enshrined in the Law,, I know it makes no sence but I was sure it was not a legal requirment. thanks for your reply..:)

    The Act is from 1976, i do not believe the act was in any way driven by religion. http://www.irishstatutebook.ie/1976/en/act/pub/0027/index.html


  • Registered Users, Registered Users 2 Posts: 5,245 ✭✭✭myshirt


    Note - even if you are not married, you can find yourself with encumbrances on your property through a relationship, say if you have kids together or if you lived together (no kids) for long enough, ran your affairs together and all that.

    For me, you can't be trying to insulate yourself. The wife is your wife. And we don't do prenups here. If you are bringing property into a relationship, presumably you are in the stronger position, so the law needs to step in, put manners on you, and protect the weaker party should you ever try to pull a stroke. I think there is nothing wrong with that.


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