# joint ownership agreement



## Bluemoonjag (7 Aug 2007)

*Legal question*

_Hello all,_
_I can't find anything about pre nuptial agreement or joint ownership agreement on this website.
My sollicitor is telling me that those kind of agreemend are not valid in Ireland...I found this quite surprising, even shoking...The idea that the Irish law would disregard the choice of 2 people or a couple, as if their opinion didn't matter, is quite beyond me...and if it is true, is there any agreement or document that the Law considers valid in this matter ?_

_Can anyone help on this please_
_Thanks_


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## Bluemoonjag (7 Aug 2007)

_I can't find anything about pre nuptial agreement or joint ownership agreement on this website.
My sollicitor is telling me that those kind of agreemend are not valid in Ireland...I found this quite surprising, even shoking...The idea that the Irish law would disregard the choice of 2 people or a couple, as if their opinion didn't matter, is quite beyond me...and if it is true, is there any agreement or document that the Law considers valid in this matter ?_


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## ClubMan (7 Aug 2007)

*Re: Legal question*



Moved from .



Please edit your thread title to make it reflect the specific nature of your query.

Anything useful among ?


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## Bluemoonjag (7 Aug 2007)

*Joint agreement question*

Hi, sorry, thanks for your reply....just as you were replying to me, I created another thread with a better subject title...sorry for the confusion...I did read some of the articles you gave me but although i thought both term meant more or less the same thing...it doesn't look that way...in my case, I am mentionning this as we are about to buy a house and are not married. So it will be more of a joint agreement discussion.
btw, I don't have the privileges to delete the other thread...no point creating 2 threads...;-)
Thanks again


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## ClubMan (7 Aug 2007)

Duplicate threads merged.


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## ClubMan (7 Aug 2007)

If you are buying a house with somebody else then perhaps this might be of interest to you:

Buying a House with a Friend - Draft Agreement

If you are or get married then different issues come into play (e.g. _Family Home Protection Act _etc.).


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## MrMan (7 Aug 2007)

If you are looking for info on Joint Ownership agreements, you could check out Jack Anderson's 'Irish property law'. I don't know what angle your solicitor is looking at, but I would be pretty certain that joint ownership agreements are completely valid in Ireland. It would be of greater benefit to speak to a property law solicitor. From recent studies (within last 4 yrs) I know that joint ownership agreements are not compulsory, but are highly recommended for 2 or more people buying a property, to state the share each individual has and also to put in place resolutions should different scenarios pop up i.e one owner needs to sell then the other(s) have first choice to buy them out. Again I could be wrong, but Idon't think I am!


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## susie1 (7 Aug 2007)

in the case of joint ownership, if one party dies, does their half automatically transfer to the other person on the title or the next of kin?


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## Gordanus (7 Aug 2007)

Look at the Key Posts in Mortgages & House buying.  There's a sample agreement for buying a house together with a friend.  (There's some technical term like 'tenants in common' which I don't quite recall, but a search of that post should find it.)  You can set it up either way - leave it to your friend in your will, or leave it to your own nextofkin but say that your friend can buy it at present market rates.


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## Madangan (7 Aug 2007)

susie1 said:


> in the case of joint ownership, if one party dies, does their half automatically transfer to the other person on the title or the next of kin?


 

Yes..if both own the property as "joint tenants"(provided that the joint tenancy has not been "severed"). Its called the rule of survivorship. 

If however they are not joint tenants but "tenants in common" this rule does not apply and on death the deceaseds share goes to his/her estate to pass in accordance with the will or if no will the rules of intestacy.

That is a very short summary and if you have a paticular scenario in mind you should always seek solicitors advice as there are exceptions to every rule.


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## ClubMan (7 Aug 2007)

Gordanus said:


> Look at the Key Posts in Mortgages & House buying.  There's a sample agreement for buying a house together with a friend.


Yeah.


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## eoinp (10 Aug 2007)

Both joint ownership and pre nups are valid in Ireland.
You should research "joint tenancy" and  "tenancy in common" for joint ownership options
The pre nup is a contractual agreement which is valid as long as it doesn't conflict against the Constitution. Pre nups are a more recent agreement in Ireland and therefore the law is less concrete around them


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## mf1 (10 Aug 2007)

"pre nups are valid in Ireland"

No - they are not. People may well be starting to prepare and sign them. They may well be held to be valid in time to come but there is no recorded case law yet confirming that a Court will take any cognisance whatsoever of an agreement made between  two parties prior to marriage in the contemplation of marital breakdown. 

mf


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