Wednesday, 4 February 2004

Ceisteanna (151)

John Cregan

Ceist:

242 Mr. Cregan asked the Minister for Finance the procedure and approximate costs involved for married persons with a house in the name of one spouse who wish to have the house in joint names; if it can be done directly with the land registry office or other statutory agency; if stamp duty or other costs of significance apply; the rights of a spouse married for 40 years, living in the house but without his or her name on the ownership deeds; if such a spouse's rights are protected during his or her lifetime; and if he or she have any legal say in the passing on of the property. [3372/04]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Minister for Finance)

In relation to stamp duty, I should explain that transfers of property between spouses, as provided for in section 96 of the Stamp Duties Consolidation Act 1999, are generally exempt from stamp duty. Accordingly, there is no stamp duty liability for a married couple who wish to have ownership of the house transferred into their joint names where the title to the house has been held in the name of one of the spouses only.

In regard to the other issues raised by the Deputy, I understand that a similar question has been submitted for reply to the Minister for Justice, Equality and Law Reform.