Land registry and family home protective rules

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Land Registry and the family home protective rules & Other Overriding mandatory provisions in family law

The Family Home Protection Act 1976 as amended by the Family Law Act 1995 provides protection in respect of the family home. However, the Land Registry will only seek evidence of spousal consent to a transfer of the family home if a notice of marriage has been entered on the register. As part of the conveyancing process, the purchaser will demand the consent of a non-owner spouse. However, this consent by the spouse will only be required as part of the application for registration in the Land Registry if a notice of marriage has been registered on the folio.

This would be the same in respect of a registered partnership.

Practical case

Pietro had inherited a house from his parents’ succession. He is registered in the land book as sole owner. After that, he marries Sofía and they establish their family home at that house, where they live with their two little children.

Now, Pietro has received a very interesting offer for the house from an Investing company called Paradise Rooms SA, so he decides to sell it. Pietro and the representative director of the company have signed the purchase contract before the notary and have sent it to the Land Registry to register the new owner.

In Ireland, we would not register on the basis of the contract, a deed of transfer would be required

The Family Home Protection Act 1976 as amended by the Family Law Act 1995 provides protection in respect of the family home. However, the Land Registry will only seek evidence of spousal consent to a transfer of the family home if a notice of marriage has been entered on the register. As part of the conveyancing process, the purchaser will demand the consent of Sofia. However, this consent by the spouse will only be required as part of the application for registration if a notice of marriage has been registered on the folio.

The answer would be the same in respect of a registered partnership.