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Does a contributor to a mortgage have rights?

  • 12-10-2013 2:20pm
    #1
    Moomat
    Registered Users, Registered Users 2 Posts: 660 ✭✭✭


    I purchased a house before I was married in my name. I now have large business debts, all in my name, and facing bankruptcy. My house has a large amount of negative equity.
    I am currently unemployed and my wife has been using her wages to service as much as the mortgage as possible and the bank know this from the SFS's that they have received from us.

    My wife has no debts and no assets. Does she legally have any rights over the family home which may prevent it's sale during a bankruptcy?

    Any opinions or questions welcome?


Comments

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


    Get proper legal advice. This is a complicated an counterintuative area of law.

    Simple answer is yes she does have rights, what they are will be dependant on the circumstances.


  • #3
    Moomat
    Registered Users, Registered Users 2 Posts: 660 ✭✭✭Moomat


    I will be getting proper legal advice before the process commences. At the moment I'm just playing through possible scenarios in my head and looking for ideas/opinions..


  • #4
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    It would be impossible to give a general answer on a topic which is inherently specific to each case.

    In the general case, yes a person who makes direct contributions to a mortgage may be deemed to have rights over that property. In one famous example, a woman who had been married for a long time but without her name on the deeds was given rights to the home by virtue of the duties she had carried out over the years as a housewife. The judge had deemed her work as contributory to the household and awarded her rights to the property.

    But like I say, your solicitor is the best person to advise on protecting your assets. Neither situation above may apply in your case.


  • #5
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    seamus wrote: »
    In one famous example, a woman who had been married for a long time but without her name on the deeds was given rights to the home by virtue of the duties she had carried out over the years as a housewife.

    You're thinking along the right lines but I think you're confusing two cases usually looked at together. Housewife duties don't result in an equitable interest despite a rather clever reference to Art 42.1, assisting in running a business might.


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