Separating PPR and Maintenance

I

Introuble83

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Myself and my spouse are separating . We are 10 months separated. I moved back to my family . She remains in the home with the 4 children . She works part time and is now in receipt of weekly state benefits. My query is I’m paying the full mortgage as I have always done . Until this month I’ve paid all utilities. I’ve cancelled these and now will be giving her 250 cash . Should I attempt the get the courts to sell the family home ? I purchased the property pre marriage and has circa 100k equity. Without the sale I cannot afford to buy or rent . She will obtain full HAP benefits in addition to whatever maintenance she is awarded plus existing state benefits. My salary is 65k . After all bills etc she is significantly better off than I am currently. I feel I am being very unfairly treated with little hope of improvement in the future . My solicitor to date seems very hesitant to give me solid advice around potential outcome when we get to court . Spouse has refused a separation agreement and mediation fell apart . Any advise at all is welcome . Thanks
 
DannyBoyD said:
Where will your children live?

Is the child maintenance of €250 a weekly or monthly amount?
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I’m currently paying the full mortgage and 250 cash monthly . And childcare costs at 250 per month . In terms of selling the home the spouse would probably have to rent . She would be entitled to full HAP assistance and in absence of paying the mortgage obviously my maintenance would increase to circa 1k a month (approx) . Would you see this plan of action as an unfair one ?
 
To note I don’t think it’s relevant but the home , which was purchased pre marriage is in my sole name
 
So you are paying €500 per month child maintenance. That works out around €29 per child per week.

And then the mortgage payment is around €500 also? Can you share the current value & outstanding mortgage, I don't imagine your mortgage is very high?

Once you are married, the property is considered to be the Family Home and your wife is the joint owner; if you paid the deposit and/or mortgage for a number of years prior to marriage that can be taken into consideration when / if it comes to an equity split.

But the main question is still this one: If the family home is sold - where will your children live?

You say they will 'probably' have to rent - are you aware of other options? - you know I'm sure of the current status of the rental market.

In any event, this is academic; you have almost zero chance of getting an order for the sale of the family home at this time if there are young children.

How old is your youngest child?
 
DannyBoyD said:
So you are paying €500 per month child maintenance. That works out around €29 per child per week.

And then the mortgage payment is around €500 also? Can you share the current value & outstanding mortgage, I don't imagine your mortgage is very high?

Once you are married, the property is considered to be the Family Home and your wife is the joint owner; if you paid the deposit and/or mortgage for a number of years prior to marriage that can be taken into consideration when / if it comes to an equity split.

But the main question is still this one: If the family home is sold - where will your children live?

You say they will 'probably' have to rent - are you aware of other options? - you know I'm sure of the current status of the rental market.

In any event, this is academic; you have almost zero chance of getting an order for the sale of the family home at this time if there are young children.

How old is your youngest child?
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Hi thanks for your replies firstly . Mortgage is 1k a month . Property is worth 320k mortgage left is 220k. Kids 5 8 10 15. Yes I accept it’s unlikely it will be sold . Unfortunately for myself I see little opportunity for me to recover in any shape or form without the house being sold . Re above would you not consider paying the full mortgage as ‘maintenance ‘.
 
As regards mortgage, whilst it forms part of your statement of means, no its not maintenance.

Its still likely to be a good investment for you however.

You could apply for a judicial separation at this point, but you might be as well wait another year & apply for divorce.

If you can't agree on settlement issues between you then judge will make those orders.
 
DannyBoyD said:
As regards mortgage, whilst it forms part of your statement of means, no its not maintenance.

Its still likely to be a good investment for you however.

You could apply for a judicial separation at this point, but you might be as well wait another year & apply for divorce.

If you can't agree on settlement issues between you then judge will make those
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thank you for the input .
 
Does anyone have any similar experiences and what was the outcome ? Seems more common that one party buys out the other but unfortunately in my scenario this won’t happen
 
Gordon Gekko said:
You want to turf your ex-wife and four children out of the family home and into the rental/HAP world?

Sounds disgusting to me.
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With respect you have no idea of the circumstances around the situation. Firstly I did not choose to be in the position I am in it was forced upon me. If you were forced to leave your family home and your only feasible option was to move back to your parents home how would you feel ? Bear in mind you paid every mortgage payment and every bill and every cost for years and years.
 
Introuble83 said:
If you were forced to leave your family home and your only feasible option was to move back to your parents home how would you feel ? Bear in mind you paid every mortgage payment and every bill and every cost for years and years.
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I’d do it, because the most important thing for me would be stability and comfort for my children.
 
Ah lads, I think you’re being terribly unfair on the poster. Surely chucking his children out of the only home they have known and expecting the state to bear the cost of their housing and recuse himself of all responsibility in this regard is the best thing to do?!

Then he can buy his own home and watch his children languish and possibly end up in homeless accommodation!!

I’m actually dumbfounded - surely you want what is best for your children and that is clearly to remain in the family home

And I doubt that your wife is significantly better off than you….
 
Your assuming my priorities are otherwise. I’m simply looking for opinions. As I said my solicitor to date is not forthcoming with data .
 
luckystar said:
Ah lads, I think you’re being terribly unfair on the poster. Surely chucking his children out of the only home they have known and expecting the state to bear the cost of their housing and recuse himself of all responsibility in this regard is the best thing to do?!

Then he can buy his own home and watch his children languish and possibly end up in homeless accommodation!!

I’m actually dumbfounded - surely you want what is best for your children and that is clearly to remain in the family home

And I doubt that your wife is significantly better off than you
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As a divorcee who's gone through the full legal process I believe that it is highly unlikley that a judge would rule for the family home to be sold as the kids need a home. Having said that its not fair that you continue to pay the mortgage etc. and a judge would also ensure that you have enough to live on in whatever settlement they would decree. I think your child maintenance payments for 4 kids are on the low side (I earn a good salary and pay €500 per month per child and €900 per month spousal maintenance ( my ex works !). I think a judge would probably end up upping your maintenance payments in lieu of mortage contribution and you sign the house over to your ex.
 
Nobody is chucking anybody out . As I said I’m only looking for opinion. I don’t have appropriate accommodation to care for my kids when I see them . I cannot get a 2nd mortgage, I cannot rent , I cannot remain in the family home . It’s absolutely nothing to do with avoiding responsibility
 
Flybytheseat said:
As a divorcee who's gone through the full legal process I believe that it is highly unlikley that a judge would rule for the family home to be sold as the kids need a home. Having said that it’s not fair that you continue to pay the mortgage etc. and a judge would also ensure that you have enough to live on in whatever settlement they would decree. I think your child maintenance payments for 4 kids are on the low side (I earn a good salary and pay €500 per month per child and €900 per month spousal maintenance ( my ex works !). I think a judge would probably end up upping your maintenance payments in lieu of mortage contribution and you sign the house over to your ex.
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My ex cannot afford the mortgage so I don’t see how the judge could sign it over ? Would a bank allow that ?
 
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