Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

28.

Alienation of interest in shared home.

28.— (1) Where a civil partner, without the prior consent in writing of the other civil partner, purports to convey an interest in the shared home to a person except the other civil partner, then, subject to subsections (2), (3), and (8) to (14) and section 29 , the purported conveyance is void.

(2) Subsection (1) does not apply to a conveyance if it is made by a civil partner in pursuance of an enforceable agreement made before the civil partners’ registration of their civil partnership.

(3) A conveyance is not void by reason only of subsection (1) if—

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

( b) it is made by a person other than the civil partner to a purchaser for value, or

( c) its validity depends on the validity of a conveyance in respect of which a condition 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 the validity is on the person alleging it.

(5) In subsection (3),“full value” means value that 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.

(8) Subject to subsection (9), proceedings may only be instituted to have a conveyance declared void by reason only of subsection (1) if they are instituted before the expiration of 6 years from the date of the conveyance.

(9) Proceedings referred to in subsection (8) may be instituted by a civil partner who was in actual occupation of the shared home during the whole period that begins with the date of the conveyance and ends immediately before the institution of the proceedings, even if 6 years have expired from the date of the conveyance.

(10) Subsection (8) is without prejudice to the rights of civil partners to seek redress for contraventions of subsection (1) otherwise than by proceedings referred to in that subsection.

(11) A conveyance is deemed not to be and never to have been void by reason of subsection (1) unless—

( a) it has been declared void by a court by reason of subsection (1) in proceedings instituted in accordance with subsection (8) on or after the date on which this section commences, or

( b) 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.

(12) A copy of a statement made for the purpose of paragraph (b) of subsection (11) and certified by the parties concerned or their successors in title to be a true copy shall, before the expiration of the 6 years referred to in that paragraph, be lodged by the parties or their successors with the Property Registration Authority for registration in the Land Registry or Registry of Deeds as appropriate.

(13) 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 Judgements (Ireland) Act 1844 in any form that the rules of court may provide.

(14) A general consent given in writing by a civil partner, after the commencement of this section, to any future conveyance of any interest in a shared home or a former shared home is deemed, for the purposes of subsection (1), to be a prior consent in writing if the deed for the conveyance is executed after the date of the consent.

Annotations:

Editorial Notes:

E12

Charging orders made under Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 26, 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.