Family Home Protection Act 1976

Number 27 of 1976

FAMILY HOME PROTECTION ACT 1976

REVISED

Updated to 22 June 2023

This Revised Act is an administrative consolidation of Family Home Protection Act 1976. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Regulation of Lobbying and Oireachtas (Allowances to Members) (Amendment) Act 2023 (15/2023), enacted 22 June 2023, and all statutory instruments up to and including Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 (Commencement) Order 2023 (S.I. No. 321 of 2023), made 21 June 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 27 of 1976

FAMILY HOME PROTECTION ACT 1976

REVISED

Updated to 22 June 2023

ARRANGEMENT OF SECTIONS

Section
1.	Interpretation.
2.	Family home.
3.	Alienation of interest in family home.
4.	Consent of spouse.
5.	Conduct leading to loss of family home.
6.	Payment of outgoings on family home.
7.	Adjournment of proceedings by mortgagee or lessor for possession or sale of family home.
8.	Modification of terms of mortgage or lease as to payment of capital sum.
9.	Restriction on disposal of household chattels.
10.	Jurisdiction.
11.	Joinder of parties.
12.	Registration of notice of existence of marriage.
13.	Restriction of section 59 (2) of Registration of Title Act, 1964.
14.	Creation of joint tenancy in family home: exemption from stamp duty and fees.
15.	Offences.
16.	Short title.

Acts Referred to
Statute of Limitations, 1957	1957, No. 6.
Conveyancing Act, 1882	1882, c. 39.
Married Women's Status Act, 1957	1957, No. 5.
Guardianship of Infants Act, 1964	1964, No. 7.
Family Law (Maintenance of Spouses and Children) Act, 1976	1976, No. 11.
Registration of Deeds Act, 1707	1707, c. 2.
Registration of Title Act, 1964	1964, No. 16.

Number 27 of 1976

FAMILY HOME PROTECTION ACT 1976

REVISED

Updated to 22 June 2023

AN ACT TO PROVIDE FOR THE PROTECTION OF THE FAMILY HOME AND FOR RELATED MATTERS. [12th July, 1976]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Editorial Notes:

Proceedings under Act included in definition of “family law proceedings” (1.01.2018) by Mediation Act 2017 (27/2017), s. 2, S.I. No. 591 of 2017.

Rights and incumbrances, for purposes of Land and Conveyancing Law Reform Act 2009 (27/2009), s. 117, confirmed to include claims under Act (1.12.2009) by Land and Conveyancing Law Reform Act 2009 (27/2009), s. 117(4)(a), S.I. No. 356 of 2009.

Proceedings under Act are eligible for civil legal aid as provided (11.10.1996) by Civil Legal Aid Act 1995 (32/1995), s. 28(9)(c)(i), S.I. No. 272 of 1996.

Court may give directions to obtain a written report on any questions affecting the welfare of a party to the proceedings or any other person to whom the proceedings relate, including proceedings under this Act, as provided (1.08.1996) by Family Law Act 1995 (26/1995), s. 47(1) and s. 47(6)(e), S.I. No. 46 of 1996.

Right of creditor to send written communications to spouse of consumer for purposes of compliance with Act prescribed (13.05.1996) by Consumer Credit Act 1995 (24/1995), s. 45(3)(a), S.I. No. 121 of 1996.

Proceedings under Judicial Separation and Family Law Reform Act 1989, Part III included in definition of “family law proceedings” (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 30, commenced as per s. 46(2).

Circuit Court to be known as the Circuit Family Court when exercising its jurisdiction to hear and determine family law proceedings as provided (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 31(1), commenced as per s. 46(2).

Circuit Family Court to hear and determine proceedings instituted under Act at different places, times or days to ordinary sittings of Circuit Court as provided (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 32, commenced as per s. 46(2).

Conduct of family proceedings in District Court, Circuit Family Court and High Court required to be informal (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), ss. 33 and 45, commenced as per s. 46(2).

E10

Surrender of dwelling deemed a conveyance for purposes of Act (26.07.1982) by Housing (Private Rented Dwellings) Act 1982 (6/1982), s. 10(2), S.I. No. 216 of 1982.

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Family Home Protection Act 1976