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Famiy Law/Divorce/Mortgage

  • 05-06-2015 7:53pm
    #1
    blahbaba
    Registered Users, Registered Users 2 Posts: 16 ✭


    Hi,

    I am currently going through a divorce and can no longer pay the mortgage on the martial home my wife and older kids live in.
    I have been applying for interest only for the last year but can not afford to keep it up and pay child support and it's come to me not being able to support myself and go further and further into debt.
    She wants the house in divorce and me to continue paying off the mortgage but that is just not feasible.
    It has not gone to court and I am getting free legal aid which has not given me any advice.
    I was prepared to sell the home and let her have what was left out of it as it is not in negative equity however there is approx 80/100 grand at most after sale if it sold in this slow market and this would not buy another home in the area suitable but all this was refused.
    I am at the point that I am willing to surrender the property to the bank voluntarily as I know I can not afford the mortgage but I am unsure what I can legally do with the property at this point with her living in it.
    Can I sell I try and sell the house? Can I surrender the house?
    Is there a law that means I can not touch the house until the case goes to court and the judge decides even if i am unable to pay mortgage?
    Surley its not in anyones best interest if the bank ends up repossessing as I can not pay.
    Any advice appreciated
    Tagged:


Comments

  • #2
    December2012
    Registered Users, Registered Users 2 Posts: 4,695 ✭✭✭December2012


    Legal aid should be advising you on this. Have you had any mediation?


  • #3
    blahbaba
    Registered Users, Registered Users 2 Posts: 16 ✭blahbaba


    Yes we have had mediation a few times now and it has not resulted in anything she just wants everything there is no negotiating.


  • #4
    barman linen
    Registered Users Posts: 262 ✭✭barman linen


    December2012 wrote: »
    Legal aid should be advising you on this. Have you had any mediation?

    Mediation in family law is a joke....most solicitors prefer to go straight to court. It is a myth.


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