Never-married couple-split; house-sale where 1 legal owner of house & mortgage

NoRegretsCoyote

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If one parent has a chunk of savings then a portion will be considered income and included in the assessment for child maintenance.
If the home is sold there will be a financial gain. This will either go in full to the mother, or shared to some extent with the father.

So one party or both will have a "chunk of savings". Won't this be relevant for setting of maintenance?

From what you are saying it seems the two issues can't be bargained over, but they can't be viewed independently either.
 

EO2020

Registered User
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27
. The idea was that I would repay her my half over time.

I was not on the mortgage either

Over time with further bouts of idleness, the intended amounts were never paid
The further bouts of idleness imply that he did not pay 50/50 at all times, and even when he did, this could be nothing more than rent.

She paid for the deposit, took out the mortgage, and paid more of it. The house is in her name, the mortgage is in her name, and they were never married and its years since the relationship ended.
Do you really think OP has a claim, now? One that will be more than any legal fees?
 

Thirsty

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You left over 2 years ago and she lives abroad, any claim now would seem to be too late.
I don't believe this is the case; OP can still claim a share if he can establish he made a contribution to the property. The key word there is 'establish'.
 

Thirsty

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If the home is sold there will be a financial gain. This will either go in full to the mother, or shared to some extent with the father.
The share of the property would not factor into child maintenance payments, it's independent.
 

Kloppy

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"he will have to show his contribution in the time they lived together. Contribution does not necessarily have to be financial; though it's a lot easier to document."

Would simple direct debit suffice, the amount was 50% share of mortgage and creche cost. Idleness (unemployment) meant I contributed what very little I could but I was bouncing between contracts e.g. 9months working 3 months not. When I secured steady employment, I also took over school fees 100% (E300 rising to E500 per calendar month, 9 months a year).

My contribution also increased to cover either share of, or full amount of mortgage insurance. I paid for entirety of garden layout, design, slabs and labour. Amounts at all stages paid to OH - except for the few grand to the garden-people - and never changed in line with, say, changes in variable interest rate.

"OP can still claim a share if he can establish he made a contribution to the property. The key word there is 'establish'. "

Direct debits and schematics of garden plan on my employers notepaper where we met to discuss the works - would that suffice to 'establish' ?
 

Sarenco

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I don't believe this is the case; OP can still claim a share if he can establish he made a contribution to the property.
No, save in exceptional circumstances an application for a property adjustment order must be made within 2 years of the time that the relationship between the cohabitants ends (see Section 195 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010).

The OP is out of time to make any claim against the property.

In my opinion, he should let sleeping dogs lie or he might find himself being hit with a maintenance order.

But if he does want to proceed, he should definitely take advice from an appropriately qualified solicitor who knows what he/she is talking about.
 

Setanta12

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No, save in exceptional circumstances an application for a property adjustment order must be made within 2 years of the time that the relationship between the cohabitants ends (see Section 195 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010).

The OP is out of time to make any claim against the property.
+1. This is clear to me too.

If he were 'in time', and did have a claim - how does one apportion between the two or mediate here usually? OP seems set to visit and stay and pay maintenance per his first post. Like Ireland, I assume this other country also has factors to calculate maintenance which the OP should read up upon.

But I digress, I am curious how to achieve a split here, what would a mediator do (assuming that kids are already adequately provided for later on) ?
 

Feemar5

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422
Can you not talk to her and tell her you feel you should get something out of the proceeds of the sale - she may or may not agree depending on her version of events. Tell her you would like to settle things amicably and that you will always support the children but you may have to seek legal advice if you can't agree a settlement.
 

Kloppy

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7
Can you not talk to her and tell her you feel you should get something out of the proceeds of the sale - she may or may not agree depending on her version of events. Tell her you would like to settle things amicably and that you will always support the children but you may have to seek legal advice if you can't agree a settlement.
Throughout the relationship this cropped up because my job situation was terrible and I didn't return to permanent full-time work until 2015. I contracted at less than market-rate for years and we 'did okay' with finances. While money was tight it wasn't as tight as with many many others but still I wasn't able to contribute the share of the deposit every month. In fact I was running at a slight deficit every month and was maxing out my card. School fees obviously contributed to this. She was however had always felt what was hers, was hers - and what was mine, was mine - I viewed us ultimately as a couple and did it really matter, if we were in this for the long-haul - sense would surely prevail.

With the house on the market, I feel I now have to exercise my rights if I have any. I am aware of the two-year limit for cohabitees - this may not apply in extraordinary circumstances. Such circumstances exist in this case, I have on good authority - whch I will not allude to here as it will identify me.

I googled Law Society mediation. I would subscribe to this. But does anyone have any idea of how assets are apportioned?
 
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