Traditionally, family homes were placed in the husband's name. The increase in two-income couples has caused a shift to joint ownership of family homes. Some spouses with a more traditional arrangement may be wondering if it is best to change to joint ownership as well.

Ms C from Dublin writes asking us to solve a family disagreement. "Our house is in my husband's name as sole owner of the property. He maintains that there is no necessity to put the house in our joint names as he has made a will making me the sole beneficiary. Is he correct?"

Although spouses have very strong legal rights, the most equitable situation for both parties is that they each have a halfshare in the house and live as "joint tenants" rather than "tenants in common", say legal sources.

With this arrangement, each owns 50 per cent in life and the surviving spouse automatically receives the deceased's half-share in the house. Under a tenants-incommon arrangement each person receives a share according to the amount of money they put towards the purchase of the house.

In a traditional arrangement, the woman may have contributed very little or nothing towards the house purchase which may cause problems if the husband dies before her, without leaving a will.

If a spouse dies leaving a valid will, their wishes are usually followed. Despite what the will may say, however, the surviving spouse is legally entitled to at least half the estate where there are no children and one-third when there are children. A spouse is the only person with an automatic legal right on the estate. Children have no automatic right, but may consider going to court if they can show the parent failed to provide for them adequately.

If there is no will or the will is invalid, the Succession Act may apply and the surviving spouse receives two-thirds of the family home and the rest is divided among the children. If there are no children, the spouse automatically gets everything.

Ms C also asks: "If the house is left in his name alone and he were to die, would I have to pay death duties or inheritance tax on the property?"

Regarding tax, none is payable between husband and wife in their lifetime or in death if they live together. Therefore there are no taxes owed when cash, property or other assets pass between spouses whether or not a will exists. Children are liable to inheritance tax on assets received from their parents above the £192,900 (€244,932) limit.

There are relatively low legal costs when arranging to have a home transferred to joint ownership, because of provisions in the Family Home Protection Act 1976. It is also advisable for both spouses to draw up a will. This decreases any potential difficulties if they die at the same time or within a short period of one another.