# Is it possible I signed away my rights to the family home?



## Karma (11 Jan 2010)

I am separated and unfortunately it is not an amicable separation,  today I was told by my solicitor that during the time we remortgaged I signed away my right to the family home.  When the house was bought we were living together with two children under 2 and I was not working outside the home.  The house was bought in my then partners sole name because well meaning person told us it was unlikely that a mortgage would be given with our circumstances.  His mother gave us the deposit and I negotiated with the estate agent.  We subsequently married and during a remortgage I signed some sort of waiver - I remember signing that I knew my husband was remortgaging the family home, I remember being advised that it would be in my interests to consult my own solicitor.   I honestly dont remember being told or indeed reading that I would be signing away my rights to any share of the property. However, I must accept that I signed it.  The solicitor was appointed by the mortgage provider.  We never got around to putting my name on the deeds and although he agreed to do this during mediation he has failed to do so, we have 3 children the oldest is 10 and the youngest is 6.  I have invested a considerable amount of money in the property and paid half of the mortgage since the purchase.  He wanted to give me a rent book last year but I declined it -he has agreed in mediation that this is the family home but these agreements are not permissible in court.  Any advice would be appreciated.  Many Thanks


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## j26 (11 Jan 2010)

From what you say, it's most likely that you signed a consent for the purposes of the Family Home Protection Act, 1976 (a mortgage given over the family home without such a consent is voidable).  That's not signing over any interest in the property, it's basically just acknowledging that you accept the risk of repossession of the family home if the mortgage is not paid.

However, to allay your concerns you should bring a copy of the document you signed to a competent solicitor to explain it to you in full.


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## Karma (12 Jan 2010)

According to my solicitor it seems I also signed another form on the same day - this one says that I wavied any interest in the family home - I do not have a copy of it and cannot get one as this is with the mortgage providers solicitor and I am not deemed to be the mortgage holder.  
My solicitor seems concerned that I may have signed myself into trouble.  Seemingly this used to happen alot but it is not so common now.  Is is even possible to waive your Family Home Protection rights?


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## Ann1 (12 Jan 2010)

Karma is the house being repossessed or is it a case that your ex husband just wants to take your share of the family home from you.?  Your solicitor should be able to get a copy of such a document if it exists especially if you were not fully aware of what you were signing.


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## Karma (12 Jan 2010)

The house is not being repossessed, as far as I am aware.  There are arrears on the mortgage, I recently returned to work and am now able to pay my half of the mortgage - He was aware that I was unable to pay last year and for the first half of the year he had mortgage switched to interest only and paid all of that.  Out of the blue last August I received an email telling me I was in arrears with my half of the mortgage (3,000e) - I was unable to negotiate with the E*s and was not able to claim Rent Supplement as it was not in my name - I approached MABs but they were not able to negotiate with bank without his permission.  I got in touch with solicitor and its ongoing - the latest being his claim that he is the sole owner of the property.


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## onq (12 Jan 2010)

Karma said:


> I am separated and unfortunately it is not an amicable separation,  today I was told by my solicitor that during the time we remortgaged I signed away my right to the family home.
> <snip>



Signing away something without gaining a material benefit sounds like a doubtful basis for a legal exchange or concession.
You may have signed something disavowing the liability of the re-mortgage as opposed to signing away your legal interest in the property.

As for statements made during mediation, I understand this is a formal process, although non-binding legally.
That is not the same as saying the statement isn't admissible in court.
Presumably the mediator was a person of standing in the community, legal or otherwise.
Therefore the mediator may be a credible witness you can call on.

I may have taken up what you have posted wrongly.
I suggest you obtain a legal opinion from a barrister experienced in dealing with family law matters.

ONQ.


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## Vanilla (12 Jan 2010)

You may have signed a deed of confirmation which is a documents that state that you have no beneficial interest in the property. This is usually inappropriate when it is the family home but that doesn't seem to stop banks from asking for them. You really need to get copies of the documents it is alleged you signed, and a copy of the loan offer at the time. Then your solicitor needs to advise you accordingly.


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## Brendan Burgess (12 Jan 2010)

Hi Vanilla

Why does a bank want a deed of confirmation? Is it that it reduces the wife's  claim on the property and so allows the husband to sell it without the wife's consent? I could understand an unmarried partner confirming that they had no rights, but do they ask wives to sign such documents? 

Brendan


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## dewdrop (12 Jan 2010)

In my former "life" if a married person was sole owner of the family home the non owning spouse signed the usual mortgage consent (with independent legal advice to be on the safe side). This consent was not a blanket consent to future loans so that if the owner wanted to borrow again against themortgage a fresh consent was required. In view of the fact that the non owning spouse could/might claim a beneficial interest in the property he/she signed a deed of confirmation again with independent legal advice which had the effect of mortgaging that interest to the bank but not making him/her liable for the loan other than the mortgage of the interest.


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## Karma (12 Jan 2010)

Deed of confirmation - I think that is what the solicitor said yesterday - how does that affect my claim on family home?  I'm a little confused by some of the explanations - does it mean I was not liable for mortgage repayments or does ot indeed mean I acknowledged him as sole owner thus protecting the banks interest?


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## j26 (12 Jan 2010)

onq said:


> As for statements made during mediation, I understand this is a formal process, although non-binding legally.
> That is not the same as saying the statement isn't admissible in court.
> Presumably the mediator was a person of standing in the community, legal or otherwise.
> Therefore the mediator may be a credible witness you can call on.


http://www.irishstatutebook.ie/1996/en/act/pub/0033/sec0009.html#zza33y1996s9
What happens in mediation is inadmissible.


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## j26 (12 Jan 2010)

Karma said:


> Deed of confirmation - I think that is what the solicitor said yesterday - how does that affect my claim on family home?  I'm a little confused by some of the explanations - does it mean I was not liable for mortgage repayments or does ot indeed mean I acknowledged him as sole owner thus protecting the banks interest?



A deed of confirmation either confirms that you have no beneficial interest, or mortgages your beneficial interest.  In either event, it only relates to the mortgage.  If your husband were to try to sell, he still faces the requirement for consent under the Family Home Protection Act.

If you have concerns about the issue, and believe that your husband may try to sell the property, get your solicitor to register a notice of marriage pursuant to Section 12 of the Family Home Protection Act, 1976 against the property.  It's free, and provides you with an added protection.


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## Karma (12 Jan 2010)

Thanks all - my solicitor has registered it as a family home and a lis pendens has been registered against the property - however I don't think he wants to sell it - he is going to court to say it is soley his property and then sell it and keep all equity - he was trying to give me a rent book this time last year!  Would a court allow this or indeed make me sell family home where there is not enough equity to purchase another home for us?


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## Bronte (13 Jan 2010)

Is there equity in the house?  Who lives where?  I doubt if any judge will give him what he wants as you have paid part of the mortgage (giving you equity in all likelhood) and it is a family home based on what you have posted.  A judge will in particularly be annoyed if you did not get independant legal advice when you signed whatever documents you did sign and even more so if the 'bank' insisted on it.  Banks are not favourites in the courts right now.


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## Karma (13 Jan 2010)

There is about 50,000 equity in the house - I live there with our 3 childen - have always paid toward the mortgage - I invested my inheritance, 75,000 in extension - (I wrote 35,000 in cheques to him out of this inheritance also!).


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## Bronte (13 Jan 2010)

The house (title) and initial mortgage were in your husband's name and then you remortgaged and the total mortgage including the extra was put in both your names?  Is that correct?

Why do you keep mentioning your half of the mortgage, did you agree that you pay half the mortgage and he pay the other half?

What benefit is there to him other than the equity of 50K in selling the house.  Is it because the mortgage went into arrears that he is threatening to sell the house?

Is he financially secure, could he pay the total mortgage?


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## Karma (14 Jan 2010)

It was never transferred from his name into joint names - the deeds and the mortgage is in his sole name - he wants to sell to release him from a mortgage so he can buy another house with his g/f and her 2 children as she has just recently separated and is in the process of selling her home - she has been at home and wouldn't be able to get mortgage- I don't know how financially secure he is now - things do not appear to have changed - thriving social life - gets away for weekends abroad - probably say he couldn't afford mortgage - I agreed to pay half the mortgage when I returned to work - I was only able to get back to work before Christmas and have paid towards January repayment - as I assumed he was paying it until August 09 - however he wasn't paying 'my half'


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