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Dáil Éireann debate -
Wednesday, 14 Mar 1990

Vol. 397 No. 1

Written Answers. - Transfer of Property.

Charles Flanagan

Question:

80 Mr. Flanagan asked the Minister for Finance, in light of the exemption from stamp duty under section 14 of the Family Home Protection Act, 1976, in respect of a transfer of property from husband to husband and wife, if he will consider introducing an appropriate amendment, allowing a similar exemption from stamp duty in a situation where unhappy differences have arisen between husband and wife and they are forced to separate and in such deed of separation agree to the transfer of the family home from the joint ownership of husband and wife to the sole ownership of a particular spouse; and if he will make a statement on the matter.

Persons in the situation described by the Deputy are already favourably treated in that transfers between related persons are subject to 50 per cent of the duty that would otherwise be payable.

The primary objective of the Family Home Protection Act, 1976 is to ensure that a spouse does not dispose of the family home without the consent of the other spouse. It also encourages the placing of a family home in the joint names of the spouse by exempting the legal instrument creating the joint tenancy from stamp duty.

I do not envisage the existing relief being extended at this stage.

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