Family Home Protection Act 1976

Alienation of interest in family home.

3

3. (1) Where a spouse, without the prior consent in writing of the other spouse, purports to convey any interest in the family home to any person except the other spouse, then, subject to F2 [ subsections (2), (3) and (8) ] and section 4, the purported conveyance shall be void.

(2) Subsection (1) does not apply to a conveyance if it is made by a spouse in pursuance of an enforceable agreement made before the marriage of the spouses.

(3) No conveyance shall be void by reason only of subsection (1)

( a) if it is made to a purchaser for full value,

( b) if it is made, by a person other than the spouse making the purported conveyance referred to in subsection (1), to a purchaser for value, or

( c) if its validity depends on the validity of a conveyance in respect of which any of the conditions mentioned in subsection (2) or paragraph (a) or (b) is satisfied.

(4) If any question arises in any proceedings as to whether a conveyance is valid by reason of subsection (2) or (3), the burden of proving that validity shall be on the person alleging it.

(5) In subsection (3), “ full value” means such value as amounts or approximates to the value of that for which it is given.

(6) In this section, “ purchaser” means a grantee, lessee, assignee, mortgagee, chargeant or other person who in good faith acquires an estate or interest in property.

(7) For the purposes of this section, section 3 of the Conveyancing Act, 1882, shall be read as if the words “ as such” wherever they appear in paragraph (ii) of subsection (1) of that section were omitted.

F3 [ (8) ( a ) (i) Proceedings shall not be instituted to have a conveyance declared void by reason only of subsection (1) after the expiration of 6 years from the date of the conveyance.

(ii) Subparagraph (i) does not apply to any such proceedings instituted by a spouse who has been in actual occupation of the land concerned from immediately before the expiration of 6 years from the date of the conveyance concerned until the institution of the proceedings.

(iii) Subparagraph (i) is without prejudice to any right of the other spouse referred to in subsection (1) to seek redress for a contravention of that subsection otherwise than by proceedings referred to in that subparagraph.

( b ) A conveyance shall be deemed not to be and never to have been void by reason of subsection (1) unless

(i) it has been declared void by a court by reason of subsection (1) in proceedings instituted

(I) before the passing of the Family Law Act, 1995, or

(II) on or after such passing and complying with paragraph ( a ) ,

or

(ii) subject to the rights of any other person concerned, it is void by reason of subsection (1) and the parties to the conveyance or their successors in title so state in writing before the expiration of 6 years from the date of the conveyance.

( c ) A copy of a statement made for the purpose of subparagraph (ii) of paragraph (b) and certified by, or by the successor or successors in title of, the party or parties concerned ( the person or persons ) to be a true copy shall, before the expiration of the period referred to in that subparagraph, as appropriate, be lodged by the person or persons in the Land Registry for registration pursuant to section 69 (1) of the Registration of Title Act, 1964 , as if statements so made had been prescribed under paragraph ( s ) of the said section 69 (1) or be registered by them in the Registry of Deeds.

( d ) Rules of court shall provide that a person who institutes proceedings to have a conveyance declared void by reason of subsection (1) shall, as soon as may be, cause relevant particulars of the proceedings to be entered as a lis pendens under and in accordance with the Judgments (Ireland) Act, 1844.

(9) If, whether before or after the passing of the Family Law Act, 1995, a spouse gives a general consent in writing to any future conveyance of any interest in a dwelling that is or was the family home of that spouse and the deed for any such conveyance is executed after the date of that consent, the consent shall be deemed, for the purposes of subsection (1) , to be a prior consent in writing of the spouse to that conveyance. ]

Annotations:

Amendments:

F2

Substituted (1.08.1996) by Family Law Act 1995 (26/1995), s. 54(1)(b)(i), S.I. No. 46 of 1996.

F3

Inserted (1.08.1996) by Family Law Act 1995 (26/1995), s. 54(1)(b)(ii), S.I. No. 46 of 1996.

Editorial Notes:

E11

Prospective affecting provisions: charging orders made under Housing (Miscellaneous Provisions) Act 2009 (22/2009), ss. 86(1), 98(6) and 99(3), and charges arising under such orders confirmed not conveyances for purposes of section by Housing (Miscellaneous Provisions) Act 2009 (22/2009), ss. 98(15) and 99(10), not commenced as of date of revision.

E12

Charging orders made under Housing (Miscellaneous Provisions) Act 2009 (22/2009), ss. 86(1), 98(6) and 99(3), and charges arising under such orders, confirmed not conveyances for purposes of section (18.06.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), ss. 88(7), S.I. No. 206 of 2018.

E13

Charging orders made under Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 26(1), and charges arising under such orders confirmed not conveyances for purposes of section (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 26(12), S.I. No. 482 of 2015.

E14

Charging orders made under Housing (Miscellaneous Provisions) Act 2009 (22/2009), ss. 46(1) and 74(1), and charges arising under such orders confirmed not conveyances for purposes of section (1.01.2010 and 1.01.2012) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), ss. 46(13) and 74(13), S.I. Nos. 540 of 2009 and 680 of 2011.

E15

Charging orders made under Nursing Homes Support Scheme Act 2009 (15/2009), s. 17(2), and charges arising under such orders confirmed not conveyances for purposes of section (27.10.2009) by Nursing Homes Support Scheme Act 2009 (15/2009), s. 17(9), S.I. No. 423 of 2009.

E16

Form of application under subs. (8)(c) prescribed (1.05.2008) by Registration of Deeds Rules 2008 (S.I. No. 52 of 2008), rule 17 and Form 8, in effect as per rule 1.

E17

Orders under Judicial Separation and Family Law Reform Act 1989 (6/1989) vesting property in one spouse to be generally accompanied by an order restricting application of section (1.08.1996) in accordance with Family Law Act 1995 (26/1995), s. 54(3), S.I. No. 46 of 1996.

E18

Spousal consent for purposes of subs. (1) confirmed not invalid by reason only of minority of spouse (23.06.1981) by Family Law Act 1981 (22/1981), s. 10, commenced on enactment.

E19

Previous affecting provision: charging orders made under Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 9(3A)(a) and charges arising under such orders confirmed not conveyances for purposes of section by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 9(3A)(k), as inserted (12.12.2004) by Housing (Miscellaneous Provisions) Act 2004 (43/2004), s. 1, commenced on enactment. S. 9 repealed (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1 item 5, S.I. No. 350 of 2018, subject to saver in s. 96(7).

E20

Previous affecting provision: charging orders made under Planning and Development Act 2000 (30/2000), s. 99(3A)(a) and charges arising under such orders confirmed not conveyances for purposes of section by Planning and Development Act 2000 (30/2000), s. 99(3A)(k), as inserted (12.12.2004) by Housing (Miscellaneous Provisions) Act 2004 (43/2004), s. 2, commenced on enactment. S. 99 repealed (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1 item 4, S.I. No. 350 of 2018, subject to saver in s. 96(6).