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Mcgrath Mullan Solicitors Dublin

Transfer of the family home from sole name into joint names of both spouses 2024

In some cases, a family home is registered in the sole name of just one spouse. (E.g. where one spouse owned the property before the couple got married, or traditionally, many houses were in the sole name of a husband as the wife, a homemaker, was not a breadwinner and not considered for mortgage purposes.)

Aside from the benefit of providing the non-owning spouse with better security, there are many cost benefits to transferring the family home into joint names:

  • There are at present no taxes between spouses so there are no implications for Stamp Duty, Capital Acquisitions Tax (gift tax) or Capital Gains Tax;
  • No registration fees in the Land Registry or the Registry of Deeds;
  • No need for separate legal representation (in many legal transactions each spouses would be advised by separate solicitors)
  • Even if the title to the house is registered in the Registry of Deeds, the transfer will not attract compulsory registration of the deeds in the Land Registry;
  • If the spouses choose to register the family home as ‘Joint Tenants’, the house will pass on death to a surviving spouse automatically, without the need to take out a Grant of Probate.

Things to consider:

If there is an outstanding mortgage, you may need your lender’s consent;

Any transaction whose purpose is to defeat a creditor, could potentially be set aside by a Court.

Contact Julie Mullan if you have any questions concerning property matters such as a transfers between spouses.

Author Bio

Julie Mullan

Julie Mullan, Partner at McGrath Mullan, offers comprehensive legal assistance in Irish employment law, from handling Workplace Relation Commission claims to drafting employment contracts and strategic workforce advice. She also specialises in probate law, adept in managing estate administration and navigating Irish grants of probate with UK domicile. For expertise in both residential and commercial conveyancing, Julie’s extensive experience includes managing property transactions and commercial leases. Contact Julie for professional legal support in these areas. or +353 (0) 1 873 5012

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