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Spouses and leases

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  • 05-10-2014 5:18pm
    #1
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,218 Mod ✭✭✭✭


    What rights does a spouse have to a lease when it was signed only by one of the couple before they got married?

    A tenant has moved in, met a girl, got married and separated in less than 8 months. Lease is signed in his name only. I assume it's him and him only that has exclusive rights to the property?


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    #2
    Eldarion
    Registered Users Posts: 484 ✭✭Eldarion


    Well that's a tricky enough one. It does seem that only he would have rights to the property but I think whoever attempts to enforce/evict her is leaving themselves wide open legally if she can prove she was living their >6 months with mail/utilities getting delivered there under her name.

    If she goes herself, no problem, but if she doesn't I'd be incredibly wary of getting involved from the Landlord side. Not a nice situation for all involved.

    Disclaimer IANAL and assuming this is all just hypothetical.


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    #3
    Claw Hammer
    Registered Users Posts: 6,239 ✭✭✭Claw Hammer


    godtabh wrote: »
    What rights does a spouse have to a lease when it was signed only by one of the couple before they got married?

    A tenant has moved in, met a girl, got married and separated in less than 8 months. Lease is signed in his name only. I assume it's him and him only that has exclusive rights to the property?

    It has become a family home under the Family Home Protection Act 1976. He can't surrender or assign his interest in the property without her consent.


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    #4
    jimmycrackcorm
    Registered Users Posts: 14,339 ✭✭✭✭jimmycrackcorm


    Claw Hammer wrote:
    It has become a family home under the Family Home Protection Act 1976. He can't surrender or assign his interest in the property without her consent.


    That applies to a property that's owned. As it is rented there is nothing for example to prevent him moving out and the landlord getting someone else in.


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    #5
    Claw Hammer
    Registered Users Posts: 6,239 ✭✭✭Claw Hammer


    jimmycrackcorm wrote: »
    That applies to a property that's owned. As it is rented there is nothing for example to prevent him moving out and the landlord getting someone else in.

    Not correct. The Family Home Protection Act makes no distinction between homes which are rented and homes which are owned. The lease is an interest in property. In fact, at the time it was enacted most family homes were rented. All apartments are rented and the act applies to them also. If he moves out, the wife can pay the rent and there is nothing the landlord can do. If he doesn't pay the rent the landlord will have to issue a termination notice and seek an order for possession.


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    #6
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    jimmycrackcorm wrote: »
    That applies to a property that's owned. As it is rented there is nothing for example to prevent him moving out and the landlord getting someone else in.

    I think OP may be alluding to a situation where the man wants to remain but wants the ex gone and thus what legalities are involved.

    This is a tricky situation where I don't know what rights the woman receives after marriage in relation to the lease. I want to say none but it's not as simple as that and it may be deliberately left open enough to interpretation for a judge to decide if necessary. The important thing to understand is what was agreed with the landlord when the woman moved in.


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    #7
    jimmycrackcorm
    Registered Users Posts: 14,339 ✭✭✭✭jimmycrackcorm


    Claw Hammer wrote:
    Not correct. The Family Home Protection Act makes no distinction between homes which are rented and homes which are owned. The lease is an interest in property. In fact, at the time it was enacted most family homes were rented. All apartments are rented and the act applies to them also. If he moves out, the wife can pay the rent and there is nothing the landlord can do. If he doesn't pay the rent the landlord will have to issue a termination notice and seek an order for possession.


    I get that but I doubt the wife can stay in the property semi permanently not paying rent and then claim that normal tenancy rules for eviction do not apply because it is a "family home"


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    #8
    Claw Hammer
    Registered Users Posts: 6,239 ✭✭✭Claw Hammer


    jimmycrackcorm wrote: »
    I get that but I doubt the wife can stay in the property semi permanently not paying rent and then claim that normal tenancy rules for eviction do not apply because it is a "family home"

    All that is being said is the the landlord can't rely on a termination by the husband only. He has to do the same as any landlord who has a person in occupation not paying rent.


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