Signing over of house to son without wife's permission

S

Sparki74

Registered User
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Hi all,

I know an old couple who are separating after 30 years of marriage - the guy has been difficult to live with this past years, and as a result his wife is going to go for a separation. The woman is a different part of the country looking after their very sick son, close to hospitals etc. However, the wife's name is not on the house, and never has been although it's always been their family home. Could her husband in theory sign over the house to their son, who no longer lives at home, just because her name is not on it, and without her say so, or does she have to give written permission for this to happen, or has the law changed that because she is married to him, that she equal rights. I think she is going to look for some free legal advice as she wouldn't have a lot. This woman is a quiet countrywoman living in Dublin 1, looking after her and her husband's very sick child (location due to medical requirements). She phoned me today about it and I'm just trying to give her some help and direction.

Thanks for your comments
 
The best advice you can give her is to tell her to get legal advice. Proper legal advice. And then act on that advice.

This is her life, her problem, her issue and she must take the initiative to deal with it. Presumably, this house has a very considerable value - depending on where it is. It is in her best interests to make sure she safeguards that.

Nobody else can do it for her.

mf
 
Recently buying a house nad had difficulty getting life assurance cover for wife. One of the options we explored was me buying the house in my own name, with just me on the mortgage. Solicitor told us taht as it was the family home, my wife would still have an equal claim on the house in the event of a marraige breakdown. (not an issue for us thank god).

I presume it is the same for this case.
 
The Family Home Protection Act 1976 states that the husband cannot sign away the house without his wifes permission.

[broken link removed]
 
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