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Succession and mortgage issues after divorce

  • 09-04-2018 4:43pm
    #1
    OldNotWIse
    Closed Accounts Posts: 12,468 ✭✭✭✭


    Hi

    Apologies if asked before. Some queries in relation to divorce, home ownership, mortgages and succession.

    Scenario: man and woman are divorcing. They are joint home owners with both names on the mortgage. Can he secure a second mortgage with a new partner when divorced? If his ex wife doesn't want to sell the home, but he has moved out, can she compel him to keep paying the mortgage? I understand there can be no compulsion to sell the family home.

    If he remarries and has children with his second spouse, are they entitled to an equal share in his estate as his children from the previous marriage?


Comments

  • #2
    Henry Ford III
    Moderators, Business & Finance Moderators Posts: 17,744 Mod ✭✭✭✭Henry Ford III


    Depends. If the agreement is for him to sign over his interest in the family home he'll be free to seek a new mortgage on anew property elsewhere.

    He may agree to pay maintenance and this will be reflected in his maximum loan. This may or may not include paying some or all of the original mortgage.

    All his children in those circumstances will have equal rights to his estate.


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