Family Home Protection Act, 1976
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The Family Home Protection Act, 1976 is an Act of the Oireachtas which regulates an aspect of property law in Ireland and prevents the sale, partial sale, mortgage or re-mortgage of a property which is defined as a family home under the terms of the Act without the knowledge and consent of both spouses therein residing. A family home under the terms of the Act is a dwelling which is the ordinary residence of a married couple. The effect of the act is that, although the property may be in the registered ownership of one spouse only, this spouse cannot carry out transactions concerning the property — which could lead to the loss of the family home — without the other spouse's knowledge and consent.
The legislation was deemed necessary to deal with the large number of homes (especially farmhouses in rural Ireland) which, through inheritance or acquisition before marriage, were the legal property of one spouse only, to the potential detriment of (in most cases) the owner's wife. The Act provides protection for married couples only: common-law, cohabiting or same-sex couples are not protected under the Act. The Act, however, is only relevant in cases of single ownership; couples of all categories would be best advised to ensure both partners are the legally registered owners of their home.
