Family Home Protection Act 1976

• Enactment Date: 12 July 1976
• Act Number: 27

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Number 27 of 1976

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FAMILY HOME PROTECTION ACT 1976

REVISED

Updated to 1 January 2019

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This Revised Act is an administrative consolidation of Family Home Protection Act 1976. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Central Bank (National Claims Information Database) Act 2018 (42/2018), enacted 27 December 2018, and all statutory instruments up to and including Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (Commencement) Order 2019 (S.I. No. 1 of 2019), made 3 January 2019, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 27 of 1976

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FAMILY HOME PROTECTION ACT 1976

REVISED

Updated to 1 January 2019

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1979, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Domestic Violence Act 2018 (6/2018)

• Mediation Act 2017 (27/2017)

• Housing (Miscellaneous Provisions) Act 2014 (21/2014)

• Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013)

• Land and Conveyancing Law Reform Act 2009 (27/2009)

• Housing (Miscellaneous Provisions) Act 2009 (22/2009)

• Nursing Homes Support Scheme Act 2009 (15/2009)

• Civil Liability and Courts Act 2004 (31/2004)

• Courts and Court Officers Act 2002 (15/2002)

• Housing (Miscellaneous Provisions) Act 2002 (9/2002)

• Planning and Development Act 2000 (30/2000)

• Finance Act 1998 (3/1998)

• Family Law (Divorce) Act 1996 (33/1996)

• Domestic Violence Act 1996 (1/1996)

• Civil Legal Aid Act 1995 (32/1995)

• Family Law Act 1995 (26/1995)

• Consumer Credit Act 1995 (24/1995)

• Courts Act 1991 (20/1991)

• Judicial Separation and Family Law Reform Act 1989 (6/1989)

• Housing (Private Rented Dwellings) Act 1982 (6/1982)

• Family Law Act 1981 (22/1981)

• Family Law (Protection of Spouses and Children) Act 1981 (21/1981)

• Courts Act 1981 (11/1981)

All Acts up to and including Central Bank (National Claims Information Database) Act 2018 (42/2018), enacted 27 December 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Registration of Deeds Rules 2008 (S.I. No. 52 of 2008)

All statutory instruments up to and including Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (Commencement) Order 2019 (S.I. No. 1 of 2019), made 3 January 2019, were considered in the preparation of this revision.

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Number 27 of 1976

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FAMILY HOME PROTECTION ACT 1976

REVISED

Updated to 1 January 2019

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ARRANGEMENT OF SECTIONS

Acts Referred to
Statute of Limitations, 1957	1957, No. 6.
Conveyancing Act, 1882	1882, c. 39.
Married Women's Status Act, 1957	1957, No. 5.
Guardianship of Infants Act, 1964	1964, No. 7.
Family Law (Maintenance of Spouses and Children) Act, 1976	1976, No. 11.
Registration of Deeds Act, 1707	1707, c. 2.
Registration of Title Act, 1964	1964, No. 16.

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Number 27 of 1976

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FAMILY HOME PROTECTION ACT 1976

REVISED

Updated to 1 January 2019

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AN ACT TO PROVIDE FOR THE PROTECTION OF THE FAMILY HOME AND FOR RELATED MATTERS. [12th July, 1976]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Editorial Notes:

E1

Proceedings under Act included in definition of “family law proceedings” (1.01.2018) by Mediation Act 2017 (27/2017), s. 2, S.I. No. 591 of 2017.

E2

Rights and incumbrances, for purposes of Land and Conveyancing Law Reform Act 2009 (27/2009), s. 117, confirmed to include claims under Act (1.12.2009) by Land and Conveyancing Law Reform Act 2009 (27/2009), s. 117(4)(a), S.I. No. 356 of 2009.

E3

Proceedings under Act are eligible for civil legal aid as provided (11.10.1996) by Civil Legal Aid Act 1995 (32/1995), s. 28(9)(c)(i), S.I. No. 272 of 1996.

E4

Court may give directions to obtain a written report on any questions affecting the welfare of a party to the proceedings or any other person to whom the proceedings relate, including proceedings under this Act, as provided (1.08.1996) by Family Law Act 1995 (26/1995), s. 47(1) and s. 47(6)(e), S.I. No. 46 of 1996.

E5

Right of creditor to send written communications to spouse of consumer for purposes of compliance with Act prescribed (13.05.1996) by Consumer Credit Act 1995 (24/1995), s. 45(3)(a), S.I. No. 121 of 1996.

E6

Proceedings under Judicial Separation and Family Law Reform Act 1989, Part III included in definition of “family law proceedings” (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 30, commenced as per s. 46(2).

E7

Circuit Court to be known as the Circuit Family Court when exercising its jurisdiction to hear and determine family law proceedings as provided (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 31(1), commenced as per s. 46(2).

E8

Circuit Family Court to hear and determine proceedings instituted under Act at different places, times or days to ordinary sittings of Circuit Court as provided (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 32, commenced as per s. 46(2).

E9

Conduct of family proceedings in District Court, Circuit Family Court and High Court required to be informal (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), ss. 33 and 45, commenced as per s. 46(2).

E10

Surrender of dwelling deemed a conveyance for purposes of Act (26.07.1982) by Housing (Private Rented Dwellings) Act 1982 (6/1982), s. 10(2), S.I. No. 216 of 1982.

Interpretation.

1

1.—(1) In this Act, except where the context otherwise requires—

“conduct” includes an act and a default or other omission;

“conveyance” includes a mortgage, lease, assent, transfer, disclaimer, release and any other disposition of property otherwise than by a will or a donatio mortis causa and also includes an enforceable agreement (whether conditional or unconditional) to make any such conveyance, and “convey” shall be construed accordingly;

“the court” means the court having jurisdiction under section 10;

“dependent child of the family”, in relation to a spouse or spouses, means any child—

(a) of both spouses, or adopted by both spouses under the Adoption Acts, 1952 to 1974, or in relation to whom both spouses are in loco parentis, or

(b) of either spouse, or adopted by either spouse under the Adoption Acts, 1952 to 1974, or in relation to whom either spouse is in loco parentis, where the other spouse, being aware that he is not the parent of the child, has treated the child as a member of the family,

who is under the age of sixteen years, or, if he has attained that age—

(i) is receiving full-time education or instruction at any university, college, school or other educational establishment and is under the age of twenty-one years, or

(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for him to maintain himself fully;

“family home” has the meaning assigned by section 2;

“household chattels” has the meaning assigned by section 9 (7);

“interest” means any estate, right, title or other interest, legal or equitable;

“mortgage” includes an equitable mortgage, a charge on registered land and a chattel mortgage, and cognate words shall be construed accordingly;

“rent” includes a conventional rent, a rentcharge within the meaning of section 2 (1) of the Statute of Limitations, 1957, and a terminable annuity payable in respect of a loan for the purchase of a family home.

(2) References in this Act to any enactment shall be construed as references to that enactment as amended or extended by any subsequent enactment, including this Act.

(3) (a) A reference in this Act to a section is a reference to a section of this Act, unless it is indicated that...