Property adjustment order - can terms be varied

debbiermcd

Hi, question on behalf of a friend

"After divorce property adjustment order was arranged, 25% to me after youngest child turns 18 or leaves education. That child is now 19 but they left school in 5th year to qualify as a barber before returning for 6th year to do the leaving cert. First question - I am told that is their third-level qualification as agreed in PAO essentially used up?

Second question, house is valued at approx 500k and balance is now 30k. Ex lives there with new husband and 5 adult children all working fulltime. Meanwhile I can't get a mortgage because legally I am still tied to this despite the fact it's almost paid off. Is it likely a bank might consider this equity as security if I applied for a mortgage?

Have spoken to one solicitor who basically says I can do nothing but wait until the ex is good and ready to buy me out or sell as agreed over a decade ago. I asked if the ex's completely changed circumstances (including the fact that she has a holiday home with new spouse) and the fact that all bar one 19yr old who sits the Leaving Cert in a few weeks before going back to his self-employed barber job leave them in a very comfortable situation whereas I am stuck in HAP accommodation give me grounds for applying to vary the PAO. The solicitor basically said I am probably just running up legal costs and will likely be left waiting anyway.

I have approached the court office to see if I can represent myself and was told no. I have written to the ex who I am not on good terms with and she ignored the letter.

A lot of questions I know but appreciate any help as I feel like there is nowhere to turn and no end to this in sight."

phildub

IS this not all resolved at the end of June when your youngest finishes his exams?

Sounds like your spiffed that you had to scarifce so you're kids would have a stable home. You agreed to these terms at the time so just suck it up and wait the month.