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Equity of home in divorce.

  • 11-10-2016 10:32pm
    #1
    darren37
    Registered Users Posts: 8 ✭


    Here is my partners situation, she is separated from her husband for 5 years. She is paying the mortgage for the last 4 years. She has a 19 year old daughter who has special needs / learning difficulties. Husband hasn't given any means in 5 years. He has said he would give all the equity of the house if my partner goes ahead with the divorce, so she agreed to go along with the procedure, on the basis that the equity would get a home for her daughter. He has no interest in his daughter and he lives with his partner in Northern Ireland. He has a track record of being a very deceitful person.... So to cut to the chase. He now says that he can't give away his share of the equity as his solicitor won't allow it, that he would like to do it but insists that a judge won't allow him to. He wants my partner to accept 50 % equity and says he will give her his share after the divories. Bear in mind the daughter will be living with mum. . So has anyone ever heard of a situation where one spouse wants to give up his equity for the good of a daughter who has special needs but a court won't allow it ?,. I suspect that he has no intention of giving any more than he has to and is using this argument as a smoke screen to hide his selfishness from his friends and family. Also to decive his ex wife. Any thoughts please.


Comments

  • #2
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    Seek legal advice would be your best bet


  • #3
    Payton
    Registered Users, Registered Users 2 Posts: 1,689 ✭✭✭Payton


    Like most divorces it comes down to mathematics.
    Was there a court order to pay maintenance and mortgage?...if there was and your partner didn't go to court to inform them that he didn't meet his obligation she could be seen as not needing the money.
    If your partner goes to court and proves that no maintenance or mortgage payments has been paid she can seek compensation against her ex's share of the family home.

    Nothing is agreed until the judge says so, be weary of deals being done on hearsay.


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