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Rights to live in jointly owned property after seperation

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  • 20-06-2014 7:24pm
    #1
    goosberry27
    Registered Users Posts: 5 ✭


    Hi hoping for some clarification on this situation I seperated from my husband two yrs ago at the time we were renting a property and he moved out so i took over the lease. Before that we lived (as a married couple) in a house jointly owned by both of us and we then moved out of that property and leased that out ( due to location) ..due to changes in circumstances I now need to return to the home that we both own so my question is do I have the right to do so ? He also wants to move back to the jointly owned property so as u can imagine its causing a lot of arguments and stress. We have two children which I look after almost full time apart from one nite a week. Can I just move back to our property without his consent and if I do can he just land himself back there too ?


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    #2
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    yes you can and so can he.


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    #3
    fussyonion
    Registered Users Posts: 7,819 ✭✭✭fussyonion


    If YOU'RE allowed move back, then he is perfectly entitled to aswell.
    What makes you think you've got the rights more than him?!
    You'd be better off selling up and moving on.


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    #4
    goosberry27
    Registered Users Posts: 5 ✭goosberry27


    fussyonion wrote: »
    If YOU'RE allowed move back, then he is perfectly entitled to aswell.
    What makes you think you've got the rights more than him?!
    You'd be better off selling up and moving on.

    I don't think I have any more rights than him that's why I'm looking for sum light on the subject here.I need to provide a home for the kids and financially I am unable to keep paying the rent at the property I'm at now and moving back there would be a more affordable option otherwise me and the children will be homeless.


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    #5
    goosberry27
    Registered Users Posts: 5 ✭goosberry27


    goosberry27 wrote: »
    I don't think I have any more rights than him that's why I'm looking for sum light on the subject here.I need to provide a home for the kids and financially I am unable to keep paying the rent at the property I'm at now and moving back there would be a more affordable option otherwise me and the children will be homeless.

    And selling up is not an option due to major negative equity.


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    #6
    fussyonion
    Registered Users Posts: 7,819 ✭✭✭fussyonion


    OP, I do understand your reasons and I apologise if I sounded harsh, but what I meant was...you asked if your husband would be allowed move back if you did, and I said yes of course he would.
    You both own the property and you're married so you both equally own it.


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    #7
    goosberry27
    Registered Users Posts: 5 ✭goosberry27


    fussyonion wrote: »
    OP, I do understand your reasons and I apologise if I sounded harsh, but what I meant was...you asked if your husband would be allowed move back if you did, and I said yes of course he would.
    You both own the property and you're married so you both equally own it.

    Ok thanks. Unfortunately us both living there isn't an option so I guess I'm snookered for now. Thanks for ur comments


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    #8
    ted1
    Registered Users Posts: 23,535 ✭✭✭✭ted1


    goosberry27 wrote: »
    I don't think I have any more rights than him that's why I'm looking for sum light on the subject here.I need to provide a home for the kids and financially I am unable to keep paying the rent at the property I'm at now and moving back there would be a more affordable option otherwise me and the children will be homeless.
    Move back, offer him 50% of the current rent. Then if you have the kids for more than 50% of the time get maintenance of him.


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    #9
    goosberry27
    Registered Users Posts: 5 ✭goosberry27


    ted1 wrote: »
    Move back, offer him 50% of the current rent. Then if you have the kids for more than 50% of the time get maintenance of him.

    Sounds fair in theory but paying the mortgage on the property plus 50% of the current rent is something I cannot financially afford but appreciate your idea


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    #10
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    goosberry27 wrote: »
    We have two children which I look after almost full time apart from one nite a week. Can I just move back to our property without his consent and if I do can he just land himself back there too ?
    Due to the two children being added into the mix, you need to get advice off someone who specializes in family law, tbh.


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    #11
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    the_syco wrote: »
    Due to the two children being added into the mix, you need to get advice off someone who specializes in family law, tbh.

    Get proper advice- asking random strangers on the internet for advice on matters such as this- is dangerous- its akin to asking a taxi-driver for his advice on politics or whatever. Not a good idea.......


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    #12
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    goosberry27 wrote: »
    Sounds fair in theory but paying the mortgage on the property plus 50% of the current rent is something I cannot financially afford but appreciate your idea
    Is it not 50% of the mortgage?


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    #13
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    No Pants wrote: »
    Is it not 50% of the mortgage?

    Or none- given the rights of the children to accommodation- aka the parent not residing in the property with the children- would cover the mortgage........

    It is a minefield- the OP really needs to get proper advice- as there are multiple issues at play here- only one of which is a right to reside in the (previous) marital home.


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    #14
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    Speaking from the other party's point of view I would oppose you moving in as it would put him at a serious disadvantage. You would be asserting rights on the property.

    You need proper splitting of commitments and assets. Unpleasant but it needs to be done.


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