Family Property Flashcards
Is the family protected under the Irish Constitution?
Yes, the family is given protection under the Constitution.
Does the Family Home Protection Act 1976 (FHPA) protect both spouses?
Yes, the FHPA 1976 protects both spouses, not just the wife.
Must a spouse be the registered owner to rely on the FHPA?
No, a spouse does not need to be the registered owner to be protected.
What section of the FHPA prohibits disposal of the family home without spousal consent?
Section 3(1) FHPA 1976.
How must spousal consent under FHPA be obtained?
Consent must be in writing, freely given, and prior to the transaction.
When can a court dispense with spousal consent under FHPA s.4?
If the spouse is missing, unreasonably withholding consent, incapacitated, or the transaction is in the family’s best interests.
What does FHPA s.5 provide?
Relief where one spouse’s conduct may cause loss or damage to the family home with the intent to deprive the other spouse or children.
What can the court do under s.7(1) FHPA to prevent repossession?
Postpone repossession or grant time to secure alternative accommodation.
What limitation period was introduced for FHPA claims by the Family Law Act 1995?
A 6-year limitation period (s.54(1)(b)).
What is the duty of personal representatives under s.56 of the Succession Act 1965?
To comply with protections regarding the family home and not dispose of it improperly.
What types of property orders can courts make on divorce or judicial separation?
Property adjustment, sale/transfer of family home, exclusion orders, maintenance/lump sum orders.
Name two factors courts consider for ‘proper provision’ under the 1995 & 1996 Acts.
Earning capacity, contributions to the family, needs of dependants, conduct.
Do direct contributions to purchase give non-owning spouses a share in the home?
Yes, direct financial contributions like lump sums or mortgage payments can give rise to a beneficial interest.
What is the outcome of McC v McC [1986]?
Indirect contributions do not establish a share in ownership unless there was a common intention.
Do improvements to property create a resulting trust?
No, only purchase-related contributions usually create a resulting trust.
What is the equivalent of the ‘family home’ under the 2010 Civil Partnership Act?
The ‘shared home’ of civil partners.
Can a civil partner sell the shared home without the other’s consent?
No, consent is required similarly to the FHPA.
What section of the 2010 Act allows the court to dispense with consent?
Section 28(1) of the Civil Partnership Act 2010.
What section allows for relief where one civil partner’s conduct threatens the home?
Section 29 of the 2010 Act.
What 2015 Act amended the 2010 Act to include dependent children?
Section 34 of the Children and Family Relationships Act 2015.
