"A member of my family got himself into a terrible situation when he purchased a property that was everything he wanted. The problem was that the seller had separated from his wife in quite unfriendly circumstances and, profiting from her absence he sold the matrimonial home.

Disregarding the fact that the house actually belonged to the seller, there is a law which establishes a right of use and enjoyment in favour of the wife and the child of the seller. This right continues until the child reaches a legal age.

The problem therefore, occurred when the spouse sold the property without his wife's consent and now my relative is owner of a house that he cannot enjoy for at least another 10 years."

J. M.– Logroño

The above clearly outlines the central issue in this case relating to the maternal rights of a mother and her children. The law rules clearly against the rights of property owners.

If you purchased a property and were unaware of an ongoing matrimonial dispute between the vendors, you would face the problem of being unable to legally access your property until such time as the child (or children) reached legal age.

Under the terms of our title insurance policy, you could be entitled to compensation due to your inability to access your property.

Ask yourself how either you or your lawyer could be aware of a such a situation prior to your purchase. As far as we are aware most conveyancing lawyers do not pose questions relating the marital circumstances of vendors.