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Selling house without family home protection act declaration

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  • 05-07-2016 1:22am
    #1
    Trey.C.jax
    Registered Users Posts: 2 ✭


    Hi.
    Can i sell my property which neither of us live in without my spouse signing a family home protection act declaration act. The proprty I wish to sell was purchased before we were married and owes no mortgage to any bank. I am not trying to hide the sale from her, i just dont know what the legal requirements are in a case like this. ie it is not our family home.
    Any info appreciated.
    Regards


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    #2
    Dr Strange
    Registered Users Posts: 3,427 ✭✭✭Dr Strange


    Unless you have a prenup agreement I believe that you and your spouse own everything together after marriage. I could be wrong though. Maybe post this in legal discussions here: http://www.boards.ie/vbulletin/forumdisplay.php?f=633


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    #3
    Marcusm
    Registered Users Posts: 10,339 ✭✭✭✭Marcusm


    Dr Strange wrote: »
    Unless you have a prenup agreement I believe that you and your spouse own everything together after marriage. I could be wrong though. Maybe post this in legal discussions here: http://www.boards.ie/vbulletin/forumdisplay.php?f=633

    You are Dubln wrong! Pre nup agreements have no force of law in Ireland and property does not become jointly owned merely as a result of marriage.

    OP: you might be free to sell the property if it was never your family home. However, any vendor's solicitor will demand a declaration from your estranged spouse even if he/she never had an ownership interest in the house and never resided there.


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    #4
    dreamerb
    Registered Users Posts: 174 ✭✭dreamerb


    Dr Strange wrote: »
    Unless you have a prenup agreement I believe that you and your spouse own everything together after marriage. I could be wrong though. Maybe post this in legal discussions here: http://www.boards.ie/vbulletin/forumdisplay.php?f=633

    This is not correct - a spouse does not gain any automatic ownership over the property of the other spouse. In fact, the Matrimonial Homes Bill 1993, which would have conferred such automatic joint ownership of the family home (not other property in general) was struck down as unconstitutional

    OP, you may have to make a joint declaration that the property is not a family home. It's on the Law Society website: https://www.lawsociety.ie/Documents/committees/conveyancing/precedents/FLD%20Form2%20HW%20prop%20not%20a%20fh%20or%20a%20sh%20BG15012011.doc


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    #5
    Dr Strange
    Registered Users Posts: 3,427 ✭✭✭Dr Strange


    Ah thanks, good to know it's not like in the movies.


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    #6
    Trey.C.jax
    Registered Users Posts: 2 ✭Trey.C.jax


    Thanks for the clarifications people's. The house in question is currently in the final stages of being sold and our lawyer has said there are no more documents to sign. As neither myself nor my wife have signed anything to do with the family home protection act or any declaration stating it was not the family home i was a litle confused and that is why I wrote this post. i still am a little confused as to why we have not signed any of these closing type documents to be honest, but he is not a very contactable solicitor or a very good one I fear. thanks for the guidance again.


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