asked the Minister for Justice if he is aware of the anomaly in the law relating to the family home whereby if the family home is in the joint names of both spouses, then, if one spouse deserts the other the general view within the legal profession is that the spouse who has deserted does not lose his-her rights over the family home for 12 years; if he agrees that this is unfair, particularly since, under existing legislation, a spouse who deserts another cannot object to the other spouse selling the family home after he-she has been deserted for two years; and if he will introduce legislation to rectify this anomaly.
Written Answers. - Property Rights.
829.
Limerick East): Even accepting what is said in the first part of this question and I express no opinion on the view set out therein, I do not see that an anomaly arises. The question deals with two different types of rights in relation to property and different considerations would obviously apply in the regulation of them. Incidentally the Family Home Protection Act 1976 does not specify any period of desertion before a spouse's consent to sale of the family home will be dispensed with.