Ownership of houses in the event of marriage

Calahonda52

A and B live in B's house, are independently secure and are not listed as cohabitating etc with Revenue.

B owns the house.

A buys a house in sole name, with own assets.

B is of the view that they will both jointly own both properties on marriage, and that neither A or B can dispose of their houses without the other's signature.

Me, C, sees this differently.

My view is that they are both still sole owners of their respective properties and that they can each do what they like with the houses without the others consent.

as discussed below

https://www.citizensinformation.ie/en/birth-family-relationships/problems-in-marriages-and-other-relationships/property-rights-and-the-breakdown-of-a-cohabiting-relationship/

XsApollo

if the houses are in sole names and marry after purchasing, then I think either can start to sell their house without needing the others signature and sell if the other person doesn’t have an issue.

the other person also has the right to not agree and go to court to stop the other person selling and have the court decide wether they have an interest in the house or not.

Calahonda52

https://www.boards.ie/discussion/comment/121176013#Comment_121176013

Re the second point, if there has been no contribution, financial or otherwise to A's house then I wouldn't expect the court to entertain it.

phormium

I'm not a solicitor but my take on that is that the house that becomes the family home after the marriage cannot be sold without the consent of the spouse, other house I imagine can be. That's not to say that a judge would necessarily give all the proceeds of the sale to the owning spouse, that's a whole other story but the 50/50 split some people imagine to be law is not the case either.

XsApollo

https://www.boards.ie/discussion/comment/121176078#Comment_121176078

you can expect what you like, the key word being expect. Still doesn’t stop the other person exercising that right for a court to decide.

also if any kids pop out in the future then, that complicates matters drastically.

also depending on how long A has been co habiting with B regardless if they are married or wether or not they are logged with revenue as such, A might have a right to some share in that house also, or at least get a judge to decide if they do.

Mrs OBumble

Marriage is irrelevant: If they've been living together for five years, (less if they have kids) the house they're living in is a family home, so subject to certain constraints.

There's no way to register cohabitation with Revenue: it's proved with address documentation.

Padre_Pio

While A and B may be living in As house, with A paying a mortgage, B may be contributing to bills and upkeep.

Calahonda52

https://www.boards.ie/discussion/comment/121176525#Comment_121176525

Thanks.

A and B are currently living in B's house and A has now bought his own.

There is no issue with B's house and A contributing to bills etc: I aprrcite it may give A some "call" but thats not the question.

The question is does B get a stake in A's house on marriage, the answer seems to be no

Water John

A's house seems to be a property investment and is not the couples residence.

Calahonda52

https://www.boards.ie/discussion/comment/121179955#Comment_121179955

Correct, Thank WJ, hope you are keeping well, alway appreciate your contributions😀

Donald Trump

FHPA will kick in for the family home. Not an investment property though

XsApollo

B might have a claim or they might not.

getting married opens up a whole can of worms.

if they married and were married for 30 years, then it’s quite possible B might get awarded some of the assets.

as for the question, does B have a stake in the house, not automatically they don’t, but after being married and if the marriage goes south then B can certainly go to court and try to claim a stake in the house, then a judge will decide if B has a stake or not.

also the question will only need to be answered if the marriage fails?

Calahonda52

https://www.boards.ie/discussion/comment/121179976#Comment_121179976

if the marriage fails?

indeed, or even occurs in the first place!😀

Anyway case closed, they have enough to go on

Thanks to all

Peregrinus

If A and B never live in A's house, it's not a family home, and A will not need B's consent to mortgage, sell, or otherwise deal with the house.

If the marriage breaks down, all of A's assets (and all of B's assets) are in the mix as far as financial and property orders are concerned. So, while marriage doesn't alter A's interest in A's house, marriage (or relationship) breakdown could do so.