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Entitlement to a bedroom in co-owned home

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  • 12-11-2023 9:26pm
    #1
    Registered Users Posts: 13 onaplane


    Long story short, after the marriage breakdown, I respectfully started sleeping in the living room, and I've been there for nearly 2 years, no separation or divorce proceedings have started yet, but I'm being called selfish for not moving out completely.


    Do I have the right to sleep in a bedroom in a house I co-own with my partner. It's a 3 bed house, each child (2,) has their own room. Obviously my partner won't allow this or me to move back to the main bedroom.


    So my question is, do I have a right to a bedroom and is there anyone I can contact that will confirm this or back it up so I can present my spouse with this info.


    As a side note, it's not doing me any good mentally or physically to be sleeping in the living room which my spouse is now calling "my dwelling", though I imagine it'll be used against me that the home isn't fully functional etc...


    Thanks in advance.



«1

Answers

  • Registered Users Posts: 80 ✭✭Dumb Juan


    Hi,

    Sorry to hear about your sleeping arrangements, I honestly believe you need to get a solicitor or contact FLAC, two years is too long to be in limbo where you are unable to plan for your own future or restart your life.



  • Registered Users Posts: 13,750 ✭✭✭✭Dial Hard


    Of course you have a right to a bedroom in your own house - whose rights exactly does she think would trump this? Your children??? They have no right to a room each. In fact I would say forcing you to take over the living room as your bedroom is far more disruptive to general family life than your kids having to share again for a while. I didn't get my own room til I was 16.

    It's been almost two years, you need to start making this official. Go and see a solicitor.



  • Registered Users Posts: 919 ✭✭✭thegame983


    Tell her she's had her time in the main bedroom now it's her turn to sleep on the couch for 2 years.



  • Registered Users Posts: 33 CatLick


    She has no right to kick you out of the house or make you sleep on a couch. There is no barring order against you. Having said that this state of affairs is not healthy for anyone least of all you. The atmosphere in the house must be awful. Is it possible to rent a place nearby?



  • Registered Users Posts: 2,952 ✭✭✭Dr Turk Turkelton


    Why would you assume his wife would be happy to rent nearby?

    She has the same rights to the house as he has. I'm sure she would take her turn sleeping in the living room before renting.



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  • Registered Users Posts: 33 CatLick


    That's not what I said. It's irrelevant who moves out but it doesn't sound like both can stay



  • Registered Users Posts: 13 onaplane


    Thanks for the replies so far folks,


    No, the atomphere isn't great, and there's a lot to be told about that, from both sides.


    I'm NOT leaving my home that I've paid for alone, done all the DIY in, what I had to go through to get that house, raised a family there, devoted my life the last 18 years there. I'm a good person, but I'm not being treated well and I'm sick of feeling isolated and somewhat without any structure at all, I work from home too and I've a chronic pain condition so I'm at wits end.


    Shes taken everything sentimental from the living room, there's so little info online I had to ask here for your thoughts. And where to go for help. Obviously she's comfy in the ensuite bedroom. I don't really want to disrupt the kids, but I can't afford to move out and two years in the living room, brushing my teeth in the downstairs bathroom, I'm getting peed off at this stage and looking for options. It's my house as well. I need a bedroom.


    Ps.. she works, but in no way has it even entered her mind that shed have to leave, she's banking on the primary caregiver thing and that I'll be fucked out of the house.


    As I said, at wits end and just want a bed. Maybe FLAC or a solicitor, just want something to present to her and say this is how it is, I have rights in my own home.



  • Registered Users Posts: 13 onaplane


    Basically, she's said the living room is my dwelling, and she's not moving the kids. I can suffer for the sake of a set of bunk beds.



  • Registered Users Posts: 13,750 ✭✭✭✭Dial Hard


    Genuine question, why do you both seem to think it's her way or the highway?

    How old are the kids?



  • Registered Users Posts: 13 onaplane


    Kids are 15 and 18.. both boys

    Why is it her way, cause she's taking control of the situation, she's the caregiver and playing the woman card, calling the rules etc... I still love her, and being a man it's not easy.



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  • Registered Users Posts: 13 onaplane


    I know i have rights, I just need a legal way to show her that it's not her way or nothing



  • Registered Users Posts: 13,750 ✭✭✭✭Dial Hard


    Flip the roles - ask her to provide you with legal proof that you don't have a right to a bedroom in your own home. Two can play at that game.

    You need to assume some agency in this situation, OP. I'm not saying to be antagonistic, or engage in tit-for-tat nonsense by any means. But being passive will only get you walked all over, as you seem to be realising.

    I'm a woman, btw. And I walked away from my marital home, all the possessions, pension entitlements, the works. Don't assume that these things always only go one way.

    Post edited by Dial Hard on


  • Registered Users Posts: 3,018 ✭✭✭Ezeoul


    I don't think there is anything in law that says you have a right to occupy a bedroom, but I also don't think there is anything in law to state that you don't.

    Sleeping arrangements is not something I've ever heard a judge making a ruling on either. That would normally come under "sort it out between you." But no harm to ask on "Legal Discussions" forum.

    One thing though, after two years, you need to start formalising this separation. This situation dragging on is no good for any of you.



  • Registered Users Posts: 13,750 ✭✭✭✭Dial Hard


    Exactly. Generally Irish law operates on the basis that unless something is specifically legislated against, it's perfectly legal.



  • Registered Users Posts: 741 ✭✭✭tjhook


    I know the relationship has broken down, but you could ask your partner whether she'd prefer that you buy a bed and turn the living room into a proper bedroom, or shuffle the existing sleeping arrangements so you get to sleep in an existing bedroom. I imagine either outcome would be better than the current situation.

    Marriage breakdown is unpleasant, it's wrong that you would be the only one affected.



  • Registered Users Posts: 319 ✭✭Madd002


    How's your relationship with your boys, their old enough to understand what's going on, could you chat to them and say lads would ye mind if I done the odd night in one of your beds as my back is killing me, I'm sure one night each would help seeing as your wife won't give up marital room. Sorry your going through this I hope all works out for you and this is coming from a woman, if it was a man treating a women like she has been treating you it wouldn't have lasted 2 days let alone 2 yrs..!!



  • Registered Users Posts: 19,417 ✭✭✭✭road_high


    Glad you came here for advice as it’s time to stop being pounded into the ground by this self entitled cow and sticK up for yourself. The kids are old enough also for reality checks- needing their own rooms at 15 and 18? Ah sure god love them - you work your arse off providing for all three and either get turfed out or set up in the living room. Time for a major reality check for all tbh



  • Registered Users Posts: 13 onaplane


    Yes, I'm living a hell, I don't know this woman anymore, i don't understand what she's become, it's like I'm an enemy, I have my own health issues, and I have to deal with this alone, as well as losimg everything that was dear to me, and my entire life.


    I have been to soul Nua and the men's aid group in phibsborough, probably need to go again.. she's walking all over me with the threat of being a woman... End of... I just don't know what to do or the outcome... I don't want to be alone, that's my greatest fear.. my eldest is with me, he's 18 and see everything going on, the youngest is 14 and won't spend any time with me, he's stone walling me, like his mother, and I only took him to Disney a few months ago, and he had the time of his life.


    I just don't know what to do, I feel helpless.



  • Registered Users Posts: 19,417 ✭✭✭✭road_high


    I’d say try put the emotion to one side and focus on the legal aspects- get good legal advice and go from there. It’s long past time this one’s free ride ended.

    Teens are often ungrateful little shites- you took him to Disneyland (which probably cost you €1000s to earn while in your own pain issues) and he’s stonewalling you? Learned primadona behaviour he’s copped from you know who. Time this nonsense ended



  • Registered Users Posts: 670 ✭✭✭GalwayGaillimh


    As world's first billionaire Getty said if you want to find out what a woman is really like... Divorce her :-)

    Si Deus Nobiscum Qui Contra Nos



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  • I have a male relative who was hounded so badly by his ex wife that he ended up leaving the country for his own safety. She didn’t work, he was the earner, held him at knifepoint when he tried to discuss cutting down on major clothes spending in order to repay the mortgage in timely fashion. She poisoned the children against him too.



  • Registered Users Posts: 352 ✭✭iniscealtra


    Turn the sitting room into your bedroom. Buy a bed. Move out the couch. Make the room your own and comfortable.



  • Registered Users Posts: 3,018 ✭✭✭Ezeoul


    Applying for a protection order should only be advised when there is violence or a threat of violence.

    The OP has made no mention of either, or of "being in fear" of her.

    If it's not okay for women to abuse the process to obtain fraudulent Protection Orders, it's not okay for men to do it either.

    Very hypocritial to advise the OP of this kind of action when you complain so vocally about women who abuse the legal process.

    Post edited by Boards.ie: Mike on




  • At least change the sofa into a convertible-to-bed one, if not done already. Pity if the design doesn’t match the decor or isn’t liked by the missus.



  • Registered Users Posts: 4,620 ✭✭✭maninasia


    Why can't you ask the kids to share a room , everybody needs to give and take.



  • Registered Users Posts: 208 ✭✭Danny healy ray


    and then if you move out the cost of rent is out of control altogether even if you can get something



  • Registered Users Posts: 19,417 ✭✭✭✭road_high


    Cost an absolute fortune and that’s if you can even get a place that’s not a complete dump. And that’s exactly what Lady Muck would want- absolutely do not do this under any circumstances OP- hold the line and explore and start the legalities with this one.

    You say you “love her”- so much to unpack I think here and perhaps some counselling therapy would really help you get some clarity on the emotional side also? And also build back up your own confidence and strength as you sound like a great guy with lots of solid qualities



  • Registered Users Posts: 1,664 ✭✭✭notAMember


    OP, to answer your question, I think it's a simple No, no-one has the "right" to a bedroom in a co-owned home, this is at the discretion of the adults living in the house to sort out.

    I think it is in your interest to sort it out. You seem to have money available, as you are spending on things like disneyland. So you need to decide and plan. Either to separate and dissolve assets (sell the house entirely and buy two smaller homes for example), or buy the furniture you need, in the room you choose to be your bedroom, so you can live in it comfortably. Or get a portacabin or modular building in the garden if you have some space there.


    I wouldn't remain emotionally attached to the physical house, especially if it's causing you stress. It's just bricks and mortar, so what if you did DIY on it... The good memories you have there are the important piece, not the physical concrete. You need some basics to get back on track, a place to sleep, a place to work etc.



  • Registered Users Posts: 3,018 ✭✭✭Ezeoul


    "An ungrateful little shite" or a young teen who is caught in between two parents in an escalating war with each other, and who doesn't have the tools or maturity to deal with what is happening in his home, so retreats into avoidance so he isn't dragged into the conflict or asked to "pick sides"?

    Kids are not stupid, nor are they un-effected by marital breakdown.

    Post edited by Ezeoul on


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  • Registered Users Posts: 13 onaplane


    It's not as simple as just selling the house and buying two smaller ones, there would not be enough equity to do that, plus she won't agree to sell, stability for the kids until they are finished education, plus we bought the house on the affordable housing scheme and still have 4 years of the clawback to go. My youngest would be 18 by then so it would be a possibility then.

    In regards to having loads of money cause I brought my son on a bonding trip to Disney, yes, it cost a lot, but I saved hard to make that happen.

    I guess the best thing to do is just repurpose the living room into my bedroom. There's another room with a TV and sofa so it's not like the kids/wife can't have anywhere to hang out downstairs.

    I know she's got a letter from the legal aid board so probably waiting for an appointment then she'll start proceedings and I'd say she's banking on being the caregiver and remaining in the house until the kids are finished 3rd level education and me being told to leave my home, I'll be forced to rent god knows where and god knows how much for 9 years until I can then push the sake of the home. Right now, herself only went back to work 10 months ago, after not working for 18 years. 2 months into her work, she decided she could be independent and that's when she said it was over.

    I've been to a solicitor and they told me that with the kids as old as they are now, the most likely outcome is that the judge will force the sale of the house. I'm not convinced though.

    Yes, it's just bricks and mortar, but I don't want to renting a small room in a house with other people I don't know, or in a studio miles from my kids paying through the nose for it. I do want to live in the same house as my kids.

    My youngest is certainly copying his mother, with stonewalling, which I wouldn't wish on anyone, it really is mental torture.

    My eldest who's 18 is seeing what's happening to me and not to say he on my side, but he's good with me and I do a lot for him.

    I work remotely due to my condition, and need a private internet connection as well.

    Ah, it's just a big mess that I wish wasn't happening.



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