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Judgment mortgages and the Family Home Protection Act 1976: A renewed call for reform

Date
2014
Abstract
The introduction of the Family Home Protection Act 1976 was a significant development in the protection of the family home in Ireland. However, an important lacuna has emerged in its coverage in light of its inapplicability to judgment mortgages registered over the family home. On the Tenth anniversary of the Law Reform Commission s Consultation Paper on Judgment Mortgages, this article draws on the most up-to-date data to highlight the seriousness of this shortcoming. It investigates the vulnerability of non-debtor spouses where a judgment mortgage is registered over the family home and questions what reforms may be introduced to better achieve the objectives of the 1976 Act in such circumstances.
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Description
peer-reviewed
Publisher
Thomson Reuters Round Hall
Citation
Irish Journal of Family Law;3, pp. 77-85
Collections
Law
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OSullivan_2014_mortgage.pdf
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Keywords
family home,, judgment mortgage,, financially weaker spouse,, unilateral disposition,
ULRR Identifiers
https://researchrepository.ul.ie/handle/10344/4489
Funding code
Funding Information
Sustainable Development Goals
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Type
Article
Rights
https://creativecommons.org/licenses/by-nc-sa/1.0/
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