AI Summary of 54. Amendment of Family Home Protection Act, 1976, and Act of 1989.
The Act amends the Family Home Protection Act 1976 by redefining ‘‘dwelling’’ to include any building or part of a building occupied as a separate dwelling, ancillary garden or land not used primarily for commercial purposes, structures not permanently attached to the ground, and vehicles or vessels occupied as separate dwellings. Section 3 is amended to add subsections providing a six‑year limitation on proceedings to declare a conveyance void by reason of subsection (1), subject to an exception where a spouse has been in actual occupation from immediately before the six‑year expiry until proceedings are instituted; to declare conveyances not void unless so adjudicated by a court or stated in writing by parties or successors within six years; to require certified statements to be lodged in the Land Registry or Registry of Deeds; to require lis pendens entries; and to deem a prior general written consent to future conveyance as a prior consent for subsection (1) purposes.
Section 10 is amended to confer District Court jurisdiction equivalent to the High Court where the family home’s rateable valuation does not exceed £20, and jurisdiction over disposal or removal of household chattels where value does not exceed £5,000 or the home’s rateable valuation does not exceed £20, with power to determine hypothetical rateable valuation. The definition amendment does not apply to conveyances, proceedings, acts or transactions occurring before commencement. Where a court grants judicial separation under the Act of 1989 and vests ownership of the family home in one spouse, the court shall, unless it sees reason to the contrary, order that section 3(1) will not apply to that spouse’s subsequent conveyances.
54. Amendment of Family Home Protection Act, 1976, and Act of 1989.
(1) The Family Home Protection Act, 1976, is hereby amended -
(a) in section 2, by the substitution of the following subsection for subsection (2):
"(2) In subsection (1), ‘dwelling’ means any building or part of a building occupied as a separate dwelling and includes any garden or other land usually occupied with the dwelling, being land that is subsidiary and ancillary to it, is required for amenity or convenience and is not being used or developed primarily for commercial purposes, and includes a structure that is not permanently attached to the ground and a vehicle, or vessel, whether mobile or not, occupied as a separate dwelling.",
(b) in section 3 -
(i) by the substitution in subsection (1) of "subsections (2), (3) and (8)" for "subsections (2) and (3)", and
(ii) by the insertion of the following subsections after subsection (7):
(i) Proceedings shall not be instituted to have a conveyance declared void by reason only of subsection (1) after the expiration of 6 years from the date of the conveyance.
(ii) Subparagraph (i) does not apply to any such proceedings instituted by a spouse who has been in actual occupation of the land concerned from immediately before the expiration of 6 years from the date of the conveyance concerned until the institution of the proceedings.