Dáil Éireann - Volume 509 - 13 October, 1999

Written Answers. - Family Home Protection Act.

Mr. Haughey Mr. Haughey

137. Mr. Haughey asked the Minister for Justice, Equality and Law Reform the plans, if any, he has to review the Family Home Protection Act, 1976, particularly in relation to a situation where a wife, whose husband left her five years ago, must get the permission of her husband to sell the family home and a second holiday home even though she alone paid for both properties; and if he will make a statement on the matter. [20069/99]

Mr. O'Donoghue Mr. O'Donoghue

527

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): The Family Home Protection Act, 1976, contains provisions to prevent a spouse from disposing of the family home without the consent of the other spouse. In particular, it provides that a spouse may not sell or mortgage the family home without the prior consent in writing of the other spouse. The need for the other spouse's consent can, however, be dispensed with by a court where it considers that in all the circumstances the refusal to consent is unreasonable. Where a spouse whose consent is required has deserted and continues to desert the other [527] spouse, the court is required to dispense with the consent.

While I have no proposals to amend the policy which underpins the Act of 1976, I can say that the law in this area is kept under review.

Dáil Éireann 509 Written Answers. Family Home Protection Act.

Questions

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