Family Home Protection Act 1976

Adjournment of proceedings by mortgagee or lessor for possession or sale of family home.

7

7.— (1) Where a mortgagee or lessor of the family home brings an action against a spouse in which he claims possession or sale of the home by virtue of the mortgage or lease in relation to the non-payment by that spouse of sums due thereunder, and it appears to the court—

( a) that the other spouse is capable of paying to the mortgagee or lessor the arrears (other than arrears of principal or interest or rent that do not constitute part of the periodical payments due under the mortgage or lease) of money due under the mortgage or lease within a reasonable time, and future periodical payments falling due under the mortgage or lease, and that the other spouse desires to pay such arrears and periodical payments; and

( b) that it would in all the circumstances, having regard to the terms of the mortgage or lease, the interests of the mortgagee or lessor and the respective interests of the spouses, be just and equitable to do so,

the court may adjourn the proceedings for such period and on such terms as appear to the court to be just and equitable.

(2) In considering whether to adjourn the proceedings under this section and, if so, for what period and on what terms they should be adjourned, the court shall have regard in particular to whether the spouse of the mortgagor or lessee has been informed (by or on behalf of the mortgagee or lessor or otherwise) of the non-payment of the sums in question or of any of them.

Annotations:

Editorial Notes:

E31

Power to make ancillary order under section on granting of decree of divorce prescribed (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 15(1)(c), commenced as per s. 1(2).

E32

Power to make ancillary order under section on granting of decree of judicial separation prescribed (1.08.1996) by Family Law Act 1995 (26/1995), s. 10(1)(c), S.I. No. 46 of 1996.