Separation/split home/how to finance ones half

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Audrey

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Couple splitting. Dublin area. How will property be split? This is just a tentative enquiry. Anybody been in this position?? There is animosity, by the way.
 
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Audrey said:
Couple splitting. Dublin area. He has always worked. She looked after family. Family up and gone now. She has no income of her own. He wants to sell the house and split proceeds. She wants to stay where she has lived all her adult life. Half share, if sold, will not be enough for her to buy a home (unless down the country). Bearing in mind she isn't currently working, and isn't old enough for something like the S.H.I.P. type of thing (where they will give you cash for a portion of your home) what possible options does she have? Of course they will employ legal people, but this is just a tentative enquiry and just relates to how she can finance either staying put or buying another place? Anybody been in this position?? There is animosity, by the way.
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Are they married? If so then neither partner can force the sale of the family home as far as I know if that's the issue.
 
"She wants to stay where she has lived all her adult life."

Unfortunately, that does not really come into it. The Court ( if they ever get that far) will review the circumstances, take account of all financial assets available to both parties and then divide up the assets between them - not necessarily on anything like a 50-50 share.

When both are being advised, that is what they will be told. So any compromise between them will be with the above in mind. I generally find that ( at least early on) clients are unrealistic about what assets are available in the marriage and utterly unable to see the others point of view and take on board what each will require to live comfortably. People are often obsessive about keeping the house to the extent of losing sight of long term maintenance and pension rights.

The wife needs legal advice to ascertain whether there is any realistic possibiity of her keeping the house. And if there is not, then she may simply have to adjust her expectations.

mf
 
the court would probably rule that the house be sold in order for the male to receive his portion,
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Not necessarily. But there are no guarantees in family law. Each case is so different, the judge will make a decision based on all the circumstances.

Crossed with mf1s post.
 
Can the courts override the ? I don't see that lack of dependents affects matters as far as the FHPA is concerned:
The prohibits the sale, mortgage or re-mortgage of a family home in Ireland without the express (written) consent of both spouses. This is the case even if the home is the sole property of one of the spouses.
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Update: oh - just read [broken link removed] and it looks like the courts can indeed override it.
 
She might get more than 50% - depends on so many things and as Vanilla says each case is different - very few couples have entirely the same set of circumstances.

mf
 
She might get more than 50% - depends on so many things and as Vanilla says each case is different - very few couples have entirely the same set of circumstances.

Though in saying that most of my clients come to me with great confidence having spoken to their sister/cousin/aunty/neighbour/best friend all of whom GOT EVERYTHING!!! in their separation. I'm afraid its all downhill for them after that. :(

mf
 
Just wondering how the lady is going to live day to day. Depending on her age it may be worth her talking to FAS - see if she can do any courses to update or learn new skills. Being in employment may give her more options.
 
Thrifty said:
Just wondering how the lady is going to live day to day. Depending on her age it may be worth her talking to FAS - see if she can do any courses to update or learn new skills. Being in employment may give her more options.
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I agree Thrifty.
 
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