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Selling the family home in a divorce

  • 13-07-2022 10:34pm
    #1
    [Deleted User]
    Posts: 211 ✭


    "there is no need for provisions similar to those contained in section 4 of the Family Home Protection Act 1976 or section 54(3) of the 1995 Act, as spousal consent to the sale of a family home is no longer necessary." (p. 35 here: https://www.lawsociety.ie/globalassets/documents/submissions/divorce-in-ireland-april-2019.pdf)

    Is the highlighted part true? Could somebody elaborate on what this is alluding to? Thanks.


    1. "The Courts can also order the sale of the family home but cannot do so if one of the spouses remarries and is living in the home with his/her new spouse." [http://familylawirelandhq.com/tag/family-home/ ]

    Does this mean that if your wife is in the family home and she remarries and lives there with another man, the court cannot order that the family home be sold? What is the logic behind this?



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