Family Home Protection Flashcards
(19 cards)
What is the main purpose of the Family Home Protection Act 1976?
To prevent one spouse from unilaterally selling, mortgaging, or otherwise disposing of the family home without the written consent of the other spouse.
What must consent under s.3 of the 1976 Act be?
Prior, written, and fully informed.
What happens if proper consent is not obtained under the 1976 Act?
The conveyance is void, unless exceptions apply (e.g. bona fide purchaser for value without notice).
What is Section 56 of the Succession Act 1965 about?
It allows the surviving spouse to appropriate the family home in satisfaction of their share of the estate.
What does Section 111 of the Succession Act 1965 guarantee?
A surviving spouse’s legal right share — 1/3 of the estate if children exist, 1/2 if not.
What property orders can the court make under the Family Law (Divorce) Act 1996?
Property adjustment (s.14), exclusive occupation (s.15), and sale of property (s.19).
What principle was established in Bank of Ireland v Smyth [1995]?
Consent under s.3 must be fully informed; failure to understand the implications makes consent invalid.
What did Somers v Weir [1979] IR 94 emphasize?
The importance of notice — actual, constructive, or imputed — in conveyances under the 1976 Act.
What did McC v McC [1986] ILRM 1 confirm?
Both direct and indirect contributions can create a beneficial interest in the family home.
What was decided in N v N [1992] 2 IR 116?
Contributions to improvements do not give rise to a beneficial interest without an agreement.
How is ‘family home’ defined under the 1976 Act?
A dwelling in which a married couple ordinarily reside or resided before one left.
What is constructive notice in this context?
When a purchaser ought to have known of the non-owning spouse’s interest — they may lose title.
What is ‘proper provision’ in divorce cases?
Adequate financial and housing support determined by factors such as income, needs, contributions, and welfare of dependents.
What equitable doctrine helps non-owning spouses in sole-name home situations?
Constructive trusts based on contributions (direct or indirect) to purchase or mortgage.
When is consent under the Family Home Protection Act not required?
For pre-marriage agreements, bona fide purchasers for value without notice, or court-ordered sales.
Can a spouse’s consent be dispensed with?
Yes, under s.4 if the consent is unreasonably withheld, or if the spouse is missing, mentally incapable, or has deserted.
What does Lyall say about the 1976 Act’s effect on notice?
Unlike equity, where notice makes a title subject to an equity, the 1976 Act can render a conveyance void.
What did de Londras say about the significance of the 1976 Act?
It was transformative, especially for women without legal ownership or economic power.
What does Buckley argue about property division?
It should account for both financial and non-financial (e.g. homemaking) contributions.
