Any need to include spouse as home owner?

I have inherited the home we have lived in for 20 years. Is there any reason I should change the ownership to be jointly between me and spouse? My will leaves house to him and remaining estate to him and children jointly.

No need from your perspective. If you separate the property is quite obviously in your sole name, you inherited it.

From his perspective, should you separate, he has more security if the property is held in joint names.

I appreciate that you very likely have no intention of separating but that is a big consideration in making this kind of decision.

mf

If you separate the property is quite obviously in your sole name, you inherited it.

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I'm open to correction on this, but I very much doubt that will be the case.

If the couple are married and have lived in a property as a married couple, then regardless of whose name its in, it will be considered to be the family home under the meaning of the Act.

That's what I thought too - and all that...

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The [broken link removed] prohibits the sale, mortgage or re-mortgage of a family home in Ireland without the express (written) consent of both spouses. This is the case even if the home is the sole property of one of the spouses.

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But even if it's the family home it doesn't necessarily mean the non owning spouse owns any part of it, just because it's the family home. Just they have to sign for it to be sold, that's all and they can be forced to sell if necessary.

Bronte said:

they can be forced to sell if necessary.

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They cannot be forced to sign.

ClubMan said:

They cannot be forced to sign.

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Well, yes they can, by court order.

What mf1 means is that it makes it more difficult for the non-registered owner in the event of a separation. Although it is still quite possible for them to go to court to prove they have an interest in the property.

There is one benefit to having property in your joint names if you do not separate and that is that in the event of the death of the owner spouse the non owner would have to take out a grant to their estate which is more costly than a transfer now into joint names. If one spouse dies when the property is in joint names ( as joint tenants) then the other spouse simply has to produce a death cert to teh land registry to have it put in their sole name which is much simpler and a great deal cheaper.

"If you separate the property is quite obviously in your sole name, you inherited it. "

Just to clarify. Where a married couple buy a house ( Family Home) together and hold it in joint names, in the event of a split there is an assumption that each holds 50%. One or other may seek a greater share in a separation for all kinds of reasons but its impossible to argue that its held jointly. Both parties start from a 50% ownership basis and negotiate from there.

Where one spouse inherits a property that is a family home, in the event of a split that 50% assumption does not hold. The non owning spouse has not contributed to its acquisition. Yes, it is a Family Home but its not owned by the non owning spouse. And yes, the property cannot be sold without their consent but a Court can and will dispense with that consent, if necessary. Each separation/divorce case is different but in such a scenario a Court would take cognisance of all assets available and depending on the circumstances could make any number of decisions on how the assets should be split but the non owning spouse is starting from a 0% basis.

mf