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 Post subject: Family Home Protection Act Declaration
PostPosted: Thu Nov 16, 2017 11:10 am 
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Property Magnate

Joined: Feb 19, 2008
Posts: 568
Has anyone had experience of being asked to sign this declaration for a Spouse's investment property?

I am being asked to sign this declaration regarding my wife's investment and I'm reluctant to. It's nothing to do with me yet I am being asked to "declare" that the property is not a family home. Why am I being asked this?


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 Post subject: Re: Family Home Protection Act Declaration
PostPosted: Thu Nov 16, 2017 11:18 am 
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Real Estate Developer

Joined: Oct 7, 2014
Posts: 995
Boston wrote:
Has anyone had experience of being asked to sign this declaration for a Spouse's investment property?

I am being asked to sign this declaration regarding my wife's investment and I'm reluctant to. It's nothing to do with me yet I am being asked to "declare" that the property is not a family home. Why am I being asked this?


My understanding is that it's to prevent errant husbands "giving away" the family home without consulting their wives (although it obviously works both ways).


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 Post subject: Re: Family Home Protection Act Declaration
PostPosted: Thu Nov 16, 2017 11:20 am 
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Property Magnate

Joined: Feb 19, 2008
Posts: 568
muirgheasa wrote:
Boston wrote:
Has anyone had experience of being asked to sign this declaration for a Spouse's investment property?

I am being asked to sign this declaration regarding my wife's investment and I'm reluctant to. It's nothing to do with me yet I am being asked to "declare" that the property is not a family home. Why am I being asked this?


My understanding is that it's to prevent errant husbands "giving away" the family home without consulting their wives (although it obviously works both ways).


Okay, this isn't the 1960's.

So my wife is unable to buy and sell her own investment properties without my knowledge and expressed declaration? Is this for real?


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 Post subject: Re: Family Home Protection Act Declaration
PostPosted: Thu Nov 16, 2017 11:25 am 
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Under CAB Investigation

Joined: Feb 24, 2008
Posts: 1606
My understanding from conveyancing of own home is that it's in no way mandatory. Solicitor was very shifty when the subject came up. Wouldn't tell us what the implications either way were.


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 Post subject: Re: Family Home Protection Act Declaration
PostPosted: Thu Nov 16, 2017 11:26 am 
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Old Time Landlord

Joined: Mar 30, 2016
Posts: 350
in essence its a good thing, and regardless of how you feel if its your wife its not nothing to do with you,

whats your issue with signing it?


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 Post subject: Re: Family Home Protection Act Declaration
PostPosted: Thu Nov 16, 2017 11:26 am 
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Real Estate Developer

Joined: Oct 7, 2014
Posts: 995
Not the 1970s either!

But basically, yes. You're an economic unit now, and being treated as such. Which is probably nonsense, but not my doing, honest. Don't shoot the messenger!


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 Post subject: Re: Family Home Protection Act Declaration
PostPosted: Thu Nov 16, 2017 11:34 am 
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Nationalised

Joined: Sep 29, 2010
Posts: 8324
Location: London, innit
muirgheasa wrote:
Boston wrote:
Has anyone had experience of being asked to sign this declaration for a Spouse's investment property?

I am being asked to sign this declaration regarding my wife's investment and I'm reluctant to. It's nothing to do with me yet I am being asked to "declare" that the property is not a family home. Why am I being asked this?


My understanding is that it's to prevent errant husbands "giving away" the family home without consulting their wives (although it obviously works both ways).


but you're saying it's not a family home.

I understood the banks want this so that in the event of repossession of said property the spouse (historically the wife) won't/can't say, "Don't throw me and the babbies out on the street! I'm calling Joe Duffy/David Hall"


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 Post subject: Re: Family Home Protection Act Declaration
PostPosted: Thu Nov 16, 2017 11:44 am 
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Property Magnate

Joined: Feb 19, 2008
Posts: 568
slasher wrote:
muirgheasa wrote:
Boston wrote:
Has anyone had experience of being asked to sign this declaration for a Spouse's investment property?

I am being asked to sign this declaration regarding my wife's investment and I'm reluctant to. It's nothing to do with me yet I am being asked to "declare" that the property is not a family home. Why am I being asked this?


My understanding is that it's to prevent errant husbands "giving away" the family home without consulting their wives (although it obviously works both ways).


but you're saying it's not a family home.

I understood the banks want this so that in the event of repossession of said property the spouse (historically the wife) won't/can't say, "Don't throw me and the babbies out on the street! I'm calling Joe Duffy/David Hall"


Its not a family home, never was. I've never set foot in it. In fact she has owned this long before she met me and has other investments which I know nothing about and have nothing to do with me. It's her business.

I find this bizarre. Forget "waking the feminists" at the Abbey. Can someone highlight the oddness of our property laws? Its a good thing she's not suffering abuse at home and using her own assets to escape from me, otherwise her plans would be evident to me thanks to this declaration.


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 Post subject: Re: Family Home Protection Act Declaration
PostPosted: Thu Nov 16, 2017 11:47 am 
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Nationalised

Joined: Sep 29, 2010
Posts: 8324
Location: London, innit
Boston wrote:
slasher wrote:
muirgheasa wrote:
Boston wrote:
Has anyone had experience of being asked to sign this declaration for a Spouse's investment property?

I am being asked to sign this declaration regarding my wife's investment and I'm reluctant to. It's nothing to do with me yet I am being asked to "declare" that the property is not a family home. Why am I being asked this?


My understanding is that it's to prevent errant husbands "giving away" the family home without consulting their wives (although it obviously works both ways).


but you're saying it's not a family home.

I understood the banks want this so that in the event of repossession of said property the spouse (historically the wife) won't/can't say, "Don't throw me and the babbies out on the street! I'm calling Joe Duffy/David Hall"


Its not a family home, never was. I've never set foot in it. In fact she has owned this long before she met me and has other investments which I know nothing about and have nothing to do with me. It's her business.

I find this bizarre. Forget "waking the feminists" at the Abbey. Can someone highlight the oddness of our property laws? Its a good thing she's not suffering abuse at home and using her own assets to escape from me, otherwise her plans would be evident to me thanks to this declaration.



it's very difficult to reposess a "family home" in Ireland. If you went bankrupt and the banks try to take your family home from you your wife says "no, it's a family home" and the judge says that's OK then leave the family live there

This agreement is making clear the property is not a family home and therefore won't be subject to the special protection of "the fambly home" in the event your wife develops a penchant for gambling/property speculation/cocaine.

It might seem archaic but I'm sure there are housewives without independent means who are damn glad of the original Family Home Protection Act (which the declaration is seeking to nullify) - it's a bit like if you separated - your wife has a claim to the family home [even if in your name] by virtue of being a housewife and raising your progeny even if she never went out to work and paid the mortgage.

Similarly, there are chancers up and down the country who have tried to abuse the act to hang on to properties in which their families have never set foot

Oh, when I bought a PPR as a then single man I signed one - and declared that I was not married/cohabitating or engaged even... (or maybe the solicitor just asked me the last part but I def signed one)


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 Post subject: Re: Family Home Protection Act Declaration
PostPosted: Thu Nov 16, 2017 12:00 pm 
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Property Magnate

Joined: Feb 19, 2008
Posts: 568
That's all well and fine - when it relates to the family home. Surely this can be evidenced by proof from the owner that this is not a family home - bank statements, utility bills, RTB returns, tax returns?


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 Post subject: Re: Family Home Protection Act Declaration
PostPosted: Thu Nov 16, 2017 12:06 pm 
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Nationalised

Joined: Sep 29, 2010
Posts: 8324
Location: London, innit
Boston wrote:
That's all well and fine - when it relates to the family home. Surely this can be evidenced by proof from the owner that this is not a family home - bank statements, utility bills, RTB returns, tax returns?


You're asking to prove a negative.

Suppose it's rented out and then later the family moves in.

I'm not on the legal gravy train... just trying to explain the motivations behind it.


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 Post subject: Re: Family Home Protection Act Declaration
PostPosted: Thu Nov 16, 2017 12:15 pm 
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Property Magnate

Joined: Feb 19, 2008
Posts: 568
Proving a positive. It's a rental / investment property subject to the tax and Landlord rules that apply.

Bottom line here is, I don't have knowledge or a legal interest in my wife's business affairs and she should not be expected to disclose these private matters to me in order for her to carry on her business as and how she wants to.


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 Post subject: Re: Family Home Protection Act Declaration
PostPosted: Thu Nov 16, 2017 12:22 pm 
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Neo Landlord

Joined: Jun 28, 2010
Posts: 299
I presume this a back handed way of establishing "joint and several liability" across all assets of the 'economic unit'?


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 Post subject: Re: Family Home Protection Act Declaration
PostPosted: Thu Nov 16, 2017 12:23 pm 
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Old Time Landlord

Joined: Mar 30, 2016
Posts: 350
Boston wrote:
Proving a positive. It's a rental / investment property subject to the tax and Landlord rules that apply.

Bottom line here is, I don't have knowledge or a legal interest in my wife's business affairs and she should not be expected to disclose these private matters to me in order for her to carry on her business as and how she wants to.


bottom line is that you do have an interest in your wife's business affairs what with being her husband and all, and vice versa.


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 Post subject: Re: Family Home Protection Act Declaration
PostPosted: Thu Nov 16, 2017 12:45 pm 
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Too Big to Fail

Joined: Sep 13, 2012
Posts: 4752
If you want to be financially independent of someone then don't get married to them!

_________________
"It's easy to confuse what is with what ought to be, especially when what is has worked out in your favour"
Tyrion Lannister


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