Question re. Family Home

[Miner]

A couple I know have just split up. The wife left the marriage. The husband is in the family home with their remaining daughter who has just turned 18. The daughter is doing her leaving cert and plans to go on to college next year. The husband is wondering how long can he legally stay in the 'family home' before he has to sell it to pay off his wife. He heard that he can stay there until the daughter turns 22 once she stays in full time education and I'm wondering if anybody else knows if this is true or not?

If anybody can point me to a website that might have this info I'd appreciate it and obviously all replies will be treated as comments as opposed to legal advice.

Many thanks in advance.

 

[mf1]

"The husband is wondering how long can he legally stay in the 'family home' before he has to sell it to pay off his wife. "

There is no time limit. Until one or other of them decides to deal with the separation - which could be weeks or years, he can stay there. Mind you that is not necessarily a good thing - inaction does not fix problems.


"He heard that he can stay there until the daughter turns 22 once she stays in full time education and I'm wondering if anybody else knows if this is true or not?"

Not necessarily. It is persuasive but marital breakdown is so common now that that argument really does not hold water any more. A court is more likely to say, sell house, split proceeds, get on with it.

The parties should talk, agree on what is to happen and implement it. Mediation is a good start.

mf

 

[Fee]

If there are children, the spouse who the children live with will often be given the right to live in the family home until the youngest child reaches 18 or 23. This can provide a sense of continuity for children who are experiencing the separation of their parents.