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Stopping a house sale of jointly owned home when cohabiting

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  • 18-10-2019 5:18pm
    #1
    chealy74
    Registered Users Posts: 40 ✭


    Hi
    I have a question, I have recently split from my ex and are both still currently living in the house with our 2 year old daughter.

    My ex is the one who has finished the relationship and wants me to move out eventually, all my savings are tied up in the house so I would like to sell, split the equity and move on with joint custody of my daughter.

    My question is, when married the wife will nearly always be given the right to remain if young children are present, is this the same when cohabiting if it goes to court. I would be more than happy to have my daughter full time but I know it is highly unlikely.

    I am not being unfair i just think if she hangs onto the house for the next 18 years I am totally screwed with ever owning a property again.

    Thanks for any feedback, also I am going to seek some legal advice but though I would ask here as I am totally stressing out..
    Post edited by Spear on


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    #2
    XsApollo
    Registered Users Posts: 2,455 ✭✭✭XsApollo


    I suppose it depends on how much equity is in the house?
    Is it possible to sell it and downsize to another place as to have a place for the child to live, then you might be able to sell it if she agrees.
    If she doesn’t agree and their is no equity then the likelihood of a court ordering the sale with children involved is pretty low.

    If she has an income to be able to take on the mortgage herself and get you off the mortgage that would then free you up financially as you wouldn’t have mortgage over your head.


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    #3
    chealy74
    Registered Users Posts: 40 ✭chealy74


    I would say there is around 70,000 in equity, enough for both of us to downsize and eventually buy.
    she works full time on around 45,000, I would also be paying maintenance.


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    #4
    chealy74
    Registered Users Posts: 40 ✭chealy74


    Not sure if the bank would take me off the mortgage, plus buy me out.. nightmare


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    #5
    XsApollo
    Registered Users Posts: 2,455 ✭✭✭XsApollo


    Depends on the value of the house.
    If she has the means to take it on herself or vice verse then it can be done.


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    #6
    Spear
    Moderators, Computer Games Moderators, Technology & Internet Moderators, Help & Feedback Category Moderators Posts: 25,300 CMod ✭✭✭✭Spear


    Try the separation and divorce forum instead:

    https://www.boards.ie/vbulletin/forumdisplay.php?f=1533


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