# Can husband sell the family home if wife's name is not on deeds and she no longer liv



## JeniFlex (5 Dec 2012)

Hello everyone.

A friends marriage has broken down and she is being forced from her home due to abusive behaviour. As her husband is the only name on the deed for the house she is worried that as soon as its no longer where she ordinarily lives, that she loses her protections under the law and he can sell up and emigrate. By the time she can take him to court for a seperation he, and the proceeds of the house sale, will be outside the country, leaving her with nothing. Is there anything she can do to get out of there but prevent him from selling up without her permission? 

Ta, J


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## Brendan Burgess (5 Dec 2012)

I don't think he will be able to sell the house as it's the family home and the solicitor will be aware of this. Married women whose names are not on the deed are protected.

I doubt if he can circumvent it by forcing her out of the home.


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## mf1 (5 Dec 2012)

Brendan Burgess said:


> I don't think he will be able to sell the house as it's the family home and the solicitor will be aware of this. Married women whose names are not on the deed are protected.
> 
> I doubt if he can circumvent it by forcing her out of the home.



He might lie about it being a family home. He might go to a new solicitor - looking for the cheapest price - and lie. How does the solicitor know it's a family home? 

I suggest that OP's friend gets legal advice - it may be possible to register a warning on the title to prevent a possible fraud. 

mf


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## j26 (6 Dec 2012)

The first step is to register a Notice of Marriage under Section 12 of the Family Home Protection Act, 1976.

It's free. For Land Registry, you need a declaration or affidavit stating that you are married to XXXXX who is the registered owner of folio YYYYY and apply to register a notice of marriage pursuant to S12 of the Family Home Protection Act, 1976, and exhibit the marriage cert.  The only cost would be swearing the affidavit.
For Registry of Deeds, it's Form 5 on this page.

The friend needs to get legal advice asap.


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## Bronte (7 Dec 2012)

Sometime in the last 10 years we came across someone trying to sell low but quickly for cash to diddle his wife.  It can be done.


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## dewdrop (7 Dec 2012)

Hi Bronte...would be transaction be legally OK in the absence of the spouses consent?


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