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Divorcing for home ownership

  • 16-02-2013 9:39pm
    #1
    Crea
    Registered Users, Registered Users 2 Posts: 1,049 ✭✭✭


    My parents are separated 20 years this year. As part of the separation agreement my father paid the mortgage and the family home was put in both names. My mother continues to live there. Although the agreement stated that my father was to maintain the house my mother has never asked him for any money for this. The house is now mortgage free. Just before the separation my father inherited a house only in his name, mortgage free which he lives in. My mother is now looking into getting a divorce so that she can claim for complete ownership of the family home. Is it likely that she gets awarded the family home.

    Thanks.


Comments

  • #2
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Are they still on speaking terms?. If so they could try mediation and draw up a legally binding agreement where she keeps the house she's in and he keeps his. Then when they get divorced the judge would rubber stamp that agreement.
    Would your father agree to that?.

    If they're not talking your mother needs to see a solicitor.


  • #3
    Crea
    Registered Users, Registered Users 2 Posts: 1,049 ✭✭✭Crea


    They aren't on speaking terms but I might be able to get my dad into mediation if it's likely the judge will sign over the house to my mother anyway. My mother can get legal aid but it's likely to cost my father a bit of money so I can put this side of the argument to him.


  • #4
    KTMurphy
    Registered Users Posts: 6 ✭KTMurphy


    I am in a similar situation, could you let me know how this all turned out?


  • #5
    SVI40
    Registered Users, Registered Users 2 Posts: 669 ✭✭✭SVI40


    My mother was in the same situation, except her name was never on the house, nor had she inheritance rights to it. She went for divorce to get it transferred to her (my father already had a second house). He fought tooth and nail, but she got it.


  • #6
    0ph0rce0
    Registered Users, Registered Users 2 Posts: 3,989 ✭✭✭0ph0rce0


    Man pays mortgage,Now only looking for divorce to get a house.

    If that were me i'd fúck her out


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  • #7
    SVI40
    Registered Users, Registered Users 2 Posts: 669 ✭✭✭SVI40


    0ph0rce0 wrote: »
    Man pays mortgage,Now only looking for divorce to get a house.

    If that were me i'd fúck her out

    Like it or not, when you get married the house becomes the family home. As such both parties have a share in it. Not sure if it is 50 / 50, but the courts can decide on the allocation of the split as they see fit.


  • #8
    Taltos
    Registered Users, Registered Users 2 Posts: 20,830 ✭✭✭✭Taltos


    Please check that you are replying to current threads.
    0ph0rce0 - post like that in this forum again and it will result in an immediate ban.


This discussion has been closed.
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