Separation advice

You said that he said that he couldn't afford a solicitor.
But it seems that he can?
 
Introuble83 said:
Is it not just a case that the wife will be allowed stay in the property until the youngest child is 18 then the property is sold and split 2 ways ? Not withstanding the husband is the sole owner and pays the full mortgage ?
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It really does not matter if he is the sole owner of the house under the family home protection act (I am not a solicitor). They have been living there for 10 years so it cannot be sold without both parties agreeing.

I am glad he is willing to go to mediation and has an appointment with a solicitor. It must be very difficult for him if he does not want to end the marriage but he can hope for the best and prepare for the worst. I hope he is attempting to split the expenses of the family home equitably with his spouse, so that he can save some money himself. He also needs to take on his role of parent as much as he can, if that is what he wishes.
 
By means of update he has moved back to the fsmily home on instruction of his solicitor., he is proceeding with legal separation which apparently does not take that long . He wants to release the equity in the family home to purchase a second property that he can move into. He does not want to rent. I asked him if he did this pre separation would the spouse not also own half of this property. He was not sure seems madness to me but he said this was the cheaper and better option than renting
 
as above the relative advised me he wants to re mortgage the property and use the equity to purchase a new home for himself . The existing mortgage is in his sole name . Can he do this ?
 
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Introuble83 said:
as above the relative advised me he wants to re mortgage the property and use the equity to purchase a new home for himself . The existing mortgage is in his sole name . Can he do this ?
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If it's the family home then I don't think so without obtaining the necessary permission and legal advice.

Family and shared homes

What is the difference between a family home and a shared home? Can my partner sell our home if we break up?
www.citizensinformation.ie www.citizensinformation.ie
 
I can see how moving back in really helps with cutting his expenses and allowing him to be a parent to his children.

The main question is can he and his spouse afford to pay two mortgages, jointly or separately. He will need her permission to sell and probably remortgage despite him being the owner of the house, as everyone is saying above.

If the wife or her solicitor think it is unaffordable then she won’t give permission.
 
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