family home,
judgment mortgage,
financially weaker spouse,
unilateral disposition,
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.