Wife agreed to sell house when children reach 18, but is refusing now.

[dodo]

I moved out of family home in 2018 with agreement that when youngest turns 18. We would then the following year 2022 sell or one of us buying out the other.I don't think she can buy me out so not easy life maybe best to sell and split 50% proceeds.
Children in 3rd level education. She now mentioned i can't force sell of home to which i replied best we do it nice and as agreed. To which she got angry and said kids in college. I said kids will have a home either with me or you or live with both of us.
She must be talking to someone so just want to know what is the law in this regard.
I have in turn mentioned i can move back into my house as i left voluntary.
All advice welcome

 

[Brendan Burgess]

Hi dodo

Do you have a written agreement with her about selling the house?

Are you married? Then it should be part of the separation or divorce agreement.

Your solicitor is best to advise you on all this.

There is a thread on the topic here but I am not sure that it applies to married couples.

Key Post - What is the legal procedure to force the sale of a house on an uncooperative joint owner?

Mary and John bought a house together. The split up years ago when the house was in deep negative equity. They were not married. There are no kids. Mary left and as far as John knows, is living abroad and not contactable. He has paid the mortgage in full since, and there is now €100k...

www.askaboutmoney.com

 

[Thirsty]

You need to check the terms of your Judicial Separation or Separation Agreement.

The legal requirement for child maintenance to be paid is 18 or 23 if in full-time education; agreements in regards to sale of the family home tend to follow the same pattern.

 

[dodo]

Hi dodo

Do you have a written agreement with her about selling the house?

Are you married? Then it should be part of the separation or divorce agreement.

Your solicitor is best to advise you on all this.

There is a thread on the topic here but I am not sure that it applies to married couples.

Key Post - What is the legal procedure to force the sale of a house on an uncooperative joint owner?

Mary and John bought a house together. The split up years ago when the house was in deep negative equity. They were not married. There are no kids. Mary left and as far as John knows, is living abroad and not contactable. He has paid the mortgage in full since, and there is now €100k...

www.askaboutmoney.com

Yes married and no written agreement as all was good until i started dating someone we both know.

 

[Thirsty]

Ok so you are still legally married.

You have the option of starting proceedings for a Judicial Separation (or Divorce if you meet the timeline).

That process will take at least 18months to 2 years, and I'm hearing the COVID backlog is adding a year. So 2 years, maybe 3.

How old is your youngest child?

Update I see from your OP that your youngest child will turn or has turned 18 this year?

So if that child goes to 3rd Level the odds are, by the time you get to a court hearing they will be say 21 years old and that the order will be for the family home to be sold when that child turns 23 / or finishes full time education; which would by then likely be another year away.

IANAL - the above is just working out the timelines. I don't see you getting an order to sell the house when the youngest child has possibly one more year in 3rd level.

Edit: having said that, you should really look at all the aspects of your separation agreement, the family home is only one of them.