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marriage breakup

  • 25-08-2013 8:58pm
    #1
    Registered Users Posts: 4


    Hi, I am 3yrs married and we have a 20mth old. My spouse is having an affair and wants the marriage over, he also wants myself and our child to leave the family home and get on with our lives. Am I entitled to the hm until my child is 18yrs old. Both of us have a full time job.


Comments

  • Registered Users, Registered Users 2 Posts: 52,404 ✭✭✭✭tayto lover


    Do not leave your home. He is the one who broke the marriage vows and he should leave. You are entitled to stay and he has to pay towards his child until the child is 18 years old or 23 if still in education.


  • Closed Accounts Posts: 560 ✭✭✭wesf


    Do not leave the house. The only one who will end up leaving is him, by choice or not.


  • Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    Speak to a solicitor, if you can not afford a solicitor make an appointment at your local FLAC. www.flac.ie


  • Registered Users, Registered Users 2 Posts: 52,404 ✭✭✭✭tayto lover


    Solicitors cost big money and love courts.
    Speak to Citizens Advice who are free.
    Avoid courts and go the Family Mediation route if you have a choice. It's free.


  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    What a lovely man. HE has the affair, and wants YOU to leave with the baby and 'get on with your lives'?? Agree with the above. Do not leave. You need somewhere for you and your baby to live.

    Do not change the locks either if the home is in joint names. Unfortunately until something is sorted out, he is entitled to live in the home :(.

    Get legal advice - Fast.

    I wish you strength and luck OP. Hang tough.


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  • Registered Users Posts: 4 Needtono


    Thanks everybody for your support, but the house is in his name, he would not put my name on it when we got married, is that another complication?


  • Registered Users, Registered Users 2 Posts: 8,695 ✭✭✭Lisha


    Needtono wrote: »
    Thanks everybody for your support, but the house is in his name, he would not put my name on it when we got married, is that another complication?

    Then you need legal advice very quickly.
    Asfaik you and child still are entitled to a share in the house .
    Do not leave, and seek legal advice.

    It's s horrible situation and I wish you all the best. Take care


  • Registered Users, Registered Users 2 Posts: 52,404 ✭✭✭✭tayto lover


    Needtono wrote: »
    Thanks everybody for your support, but the house is in his name, he would not put my name on it when we got married, is that another complication?

    It's the family home. You and your daughter are family. Do not leave. It is half yours. A court will likely make him leave or sell and give you half but I think you can live there until the child is 18 at least. Contact Citizens Advice tomorrow, Don't fret as the law is there to protect you and the child. Good luck and don't be bullied.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users Posts: 4 Needtono


    Will contact them, many thanks was unaware of that service.


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  • Closed Accounts Posts: 560 ✭✭✭wesf


    Needtono wrote: »
    Will contact them, many thanks was unaware of that service.

    Not a nice situation op, i've kinda been there minus the child/house. Keep the chin up and keep friends and family around you.
    Hard to believe now but things will get better, there are decent people out there, you just hit on a bad one. Get all the advice you can and don't be forced into anything no matter what.


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Solicitors cost big money and love courts.
    Speak to Citizens Advice who are free.
    Avoid courts and go the Family Mediation route if you have a choice. It's free.

    Free Legal Advice Centres are free and unlike CA usually have qualified lawyers, also Free Legal Aid is free or charged according to your means and again always have qualified lawyers.

    To the OP for the sake of your child seek good advice as soon as possible.


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,750 Admin ✭✭✭✭✭hullaballoo


    Moved to separation and divorce. Apologies to the local mods if this is inappropriate.


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


    secondcap -
    Please take some time to read the relevant forums. Some are quite strictly moderated but none will accept you using another's thread for your own issue, known as hijacking here.

    As you already have a thread open on this issue I am removing your posts from this thread.


  • Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    Needtono wrote: »
    Thanks everybody for your support, but the house is in his name, he would not put my name on it when we got married, is that another complication?

    Section 3 Family Home Protection Act is applicable here. Despite the fact he didn't put the house in joint names the Act still protects the property used as the family home. He cannot sell it without your knowledge and consent.
    What you also need to do is start making a record of all financial transactions so that you are in a position to protect yourself if it comes to a full separation/divorce.


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