Family Law (Maintenance of Spouses and Children) Act 1976

Property in household allowance.


21.Any allowance made by one spouse to the other spouse after the commencement of this Act for the purpose of meeting household expenses, and any property or interest in property acquired out of such allowance, shall, in the absence of any agreement, whether express or implied, between them to the contrary, belong to the spouses as joint owners.


Modifications (not altering text):


Application of section affected (12.07.1976) by Family Home Protection Act 1976 (27/1976), s. 9(2) and (3), commenced on enactment; as amended (23.07.1981) by Family Law (Protection of Spouses and Children) Act 1981 (21/1981), s. 17(1), commenced as per s. 18.

Restriction on disposal of household chattels.

9. — ...

(2) Where matrimonial proceedings have been instituted by either spouse, neither spouse shall sell, lease, pledge, charge or otherwise dispose of or remove any of the household chattels in the family home until the proceedings have been finally determined, unless—

(a) the other spouse has consented to such sale, lease, pledge, charge or other disposition or removal, or

(b) the court before which the proceedings have been instituted, on application to it by the spouse who desires to make such disposition or removal, permits that spouse to do so, which permission may be granted on such terms as the court may see fit.

(3) In subsection (2) “matrimonial proceedings” includes proceedings under section 12 of the Married Women’s Status Act, 1957, under the Guardianship of Infants Act, 1964, or under section 21 [...] of the Family Law (Maintenance of Spouses and Children) Act, 1976.