Wednesday, 4 February 2004

Ceisteanna (217)

John Cregan


308 Mr. Cregan asked the Minister for Justice, Equality and Law Reform 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 has any legal say in the passing on of the property. [3373/04]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Minister for Justice, Equality and Law Reform)

The subject matter of the Deputy's question is one on which he might appropriately consider obtaining legal advice.

I would, however, draw his attention to the provisions of the Family Home Protection Act 1976 which protects the interests of the non-owning spouse in the family home. In addition, section 14 of the Act provides that no stamp duty, land registration fee, registry of deeds fee or court fee shall be payable on any transaction creating a joint tenancy between spouses in respect of a family home where the home was immediately prior to such transaction owned by either spouse or by both spouses otherwise than as joint tenants. This provision is designed to facilitate the transfer of the family home into the joint names of spouses. Other costs such as solicitors fees may be incurred in effecting such a transfer.