Wrong forum Family home and forced sale

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Matthew Moore

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I intend to apply to have myself adjudicated bankrupt in Ireland soon. My wife has no debts.
Our family home is in my name, bought before I got married. It's valued at 80k and currently have 305k mortgage outstanding. I'm unemployed since May 2013 and my wife has been paying 1/2 the mortgage, it's all we can afford. We have no assets.
I have read that my wife gains a beneficial interest in the family home when she contributes her earnings to the home and as such her consent would be required to sell the family home.
My question is if the Official Assingee decides he wants to sell the house and seeks a the required court order, what do you think would happen if she refuses to consent to the sale?
 
The official Assignee will have no interest in your home as it is fully mortgaged. The bank is the one who will be in the driving seat. Is it possible that your wife will be able to buy the property from the bank ? Does she have the means to do so ?
 
She does not have the means to buy it, we have no savings but she would have the means to continue paying a reduced mortgage.

Do you think the OA would not address the mortgage? If I was discharged and in the same situation employment wise I would be insolvent once again with a 305k mortgage.
 
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