Housing
The Family Home
The family home is a dwelling in which the Married Couple
ordinarily reside. The Family
Home Protection Act 1976 covers married couples only. The act
seeks to provide protection for the non earning spouse. Note; The
act does not mean that a husband and wife jointly own the house,
both names have to be on the title deeds for this.
Married Couples
Who owns the family
home?
Ownership depends on the following;
- The name under which the property is registered and/or
- Who paid for the property.
Joint Owners
This is where the house is bought and registered in both
spouses names. In the case of separation it is possible to sell
the home and divide the sale proceeds. If the house is in husbands name
only; it may be his sole property but, if the wife has contributed
her own income or earnings from outside the home, she may have
gained a beneficial interest in the property.
House owned by Local Authority or other body
Most tenancies are granted jointly these days. Where the
tenancy is in one name only, it is possible for the Local
Authority to have it changed to joint names if they have a Court
order.
Can a husband sell the family home and leave the wife and
children without a home?
A husband or wife cannot sell the family home without the
written consent of the other spouse regardless of whose name is on
the deeds of the house. However, the spouses consent can be
dispensed with by the court, if the Court is satisfied that
consent is being withheld unreasonably e.g. if the other spouse is
willing to provide suitable alternative accommodation for the
family.
Suitable Alternative accommodation
This is accommodation of the same standard as the previous
family home, if the spouse can afford it.
Co-habiting Couples
This term refers to couples who live together as man and wife
but are not legally married. The Family Home protection act (1976)
does not apply to Co habiting couples. There are two ways in which
unmarried couples can purchase a property:
- Joint ownership-as joint owners, you own the whole property
between you. If one of you dies, then the other inherits the
property subject to tax liability.
- Tenants in common-As tenants in common, you each own
distinct shares in the property which you may want to leave to
someone in a will.
In the case of separating couples, if
you separate and cannot agree about selling the house which you
own jointly, you may make an application to court to divide the
beneficial interest in the property. If it is in one name only and
that person decides to sell, the other partner may have no say in
the matter.
Legal Action-is expensive unless you are entitled to civil
legal aid. Professional legal advice is recommended on any legal
matter.
Local Authority Housing
If a
person is in need of emergency or permanent accommodation and
cannot afford to provide it him or herself, they should contact
the relevant agency below and complete an application form for
re-housing.
Monaghan County Council
047-30500
Monaghan Town Council
047-82600
Castleblaney Town Council
042-9740048
Carrickmacross Town Council
042-9661618
Clones Town Council
047-51018
Cavan
County Council Housing Section
049-4372170
Cavan Town
Council
049-4331397
Application forms are available in your local housing
authority. The application must be assessed by your local
authority. This may involve an interview. Once assessed and deemed
eligible for housing your name goes on the housing list.
A
woman cannot go on the housing list if she is an owner or joint
owner of a house.
There may be exceptions in cases of Domestic Violence
If your application has been approved,
you should call in regularly to the housing department to discuss
your application and its progress.
Elected local
Politicians can make representations on your behalf with Local
Authority or Health Board.
Separated Families
If you are living in a Local Authority house and you separate
from your husband the person who has custody of the child remains
in the home. A new housing application will not be considered
until they see a separation agreement.
There may be exceptions in
cases of Domestic Violence
