Husband buying me out

G

gmac102

Guest
is it possible for me to be bought out of a house that i dont want to live in and my husband refuses to sell? what are my legal opinions?
 
hmmm, in the case of a split one of you (who leaves) gets their FTB status back again but I do not believe you can be FORCED to sell and if its the PPR its even more difficult and if there are kids and its the PPR its him who normally has to go not you.

Other than that I do not know enough to advise you , soz !
 
Yes is the simple answer; if a couple cannot get agreement on settlement issues then a judge will make a decision via court orders, however if you are separating you need to be aware that the Family Home is only one issue that has to be settled, pensions, life assurance, maintenance/access (if applicable) and inheritance also have to be dealt with.

I would recommend that you consider Family Mediation, its a free service; both parties have to agree to attend. It doesn't work for everyone and you may not settle all issues but it will at least get you both talking about what needs to be done. The more you can agree between you the less you will have to pay in legal fees.
 
thanks for the answers i should clear something up...we are still married for the children 2 babies so to speak
i hate the house, we live about 300m away from pylons power lines and phone masts and i dont want my kids growing up here..he does..so i want to leave but this house is half mine so i want to know can he buy me out and i get somewhere else with our children??
 
gmac102 said:
we are still married for the children - 2 babies so to speak
Click to expand...

Don't bother staying together for the sake of the children - they are going to see the problems which you obviously have in your relationship. If you have 2 "babies" (ie were intimate in recent years) then surely communication couldn't have broken down to the level that you cannot discuss where your family lives?

Are you proposing that you and your husband separate - live apart? Or are you suggesting that you force him to sell the house so you both can purchase another house to live in - together?
 
i am saying i want out and i want half of my house my babies are 2 half and 4??? does this help?
 
The primary carer (usually, but not always, the mother) has the right of residence until the youngest child is 18 or 23 if in full time education.

Generally speaking the options in regards to settlement of the Family Home are

a) Primary carer and children live in family home until youngest child is 18/23 and property is disposed as agreed between both parents.

b) One or other parent buys out the other's share - bear in mind that due provision has to be made for the children of the marriage - this does not necessarily mean a 50% share for the non-resident parent.

c) The property is sold and the equity is split, again bearing in mind that due provision has to be made for the children.

If you can't agree a settlement then the only option is to let a judge make that decision for you - but don't forget the family home is only one thing to be discussed and although it seems the biggest issue to you now - the most important issue really is how you are both going to continue to parent your children.

Do contact the Family Mediation Service details are on , see also www.welfare.ie, www.revenue.ie (additional tax credit to one parent families),www.solo.ie, www.treoir.ie and www.rollercoaster.ie
 
You must log in or register to reply here.
Back
Top