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Can I sell home / separated

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  • 04-06-2015 10:32pm
    #1
    content
    Registered Users Posts: 1 ✭


    Please help me with some advice - my wife walked out 3 years ago and booked herself into St John of Gods feigning serious depression - doctors called her a liar. I then discovered our business was in debt of 400k and mortgage was in arrears etc. I am being advised to go for judicial separation. I have no income and cannot get my contributory pension because I owe the state. My children look after me. I live on my own and cannot pay the mortgage so I will face repossession. My daughter wants to buy out the mortgage and pay all utility bills for me - can she buy the home from me? I don't know what my wife wants to do, she wouldn't reply to any letters or pleas from my children. All debt is in my name, she ran the business jointly with me. Mortgage is in my name - she has an asset too, a house. I know she was asked if she would sell that house but didn't answer the request. My wife claims she is destitute and seeks free legal aid. My children pay for my legal fees and deal with the banks etc but I'm afraid of losing my house. Any advice - I would be very grateful.
    Thank you.
    Tagged:


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    #2
    irish gent
    Registered Users Posts: 240 ✭✭irish gent


    Go To the http://centres.citizensinformation.ie/ you can meet a solicitor free of charge and they will give you advise .
    you cant sell the home without your wife's signature of approval.


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    #3
    desbrook
    Registered Users Posts: 1,847 ✭✭✭desbrook


    You don't say your daughter wants to buy the family home I notice. Instead you say she wants to buy out the mortgage etc. Would the house still be in you and your wife's name?


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    #4
    Boruma
    Registered Users Posts: 44 ✭Boruma


    If your wife's name is on the mortgage you cannot sell it to anyone. If she isn't responding to your requests. See your legal team. Apply for legal aid


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    #5
    professore
    Closed Accounts Posts: 5,857 ✭✭✭professore


    If my business was 400K in debt I'd be severely depressed too. Who signed the loans? If you ran it jointly you surely would have had to sign and know you were borrowing this money and knew the financial state of the business.

    Something doesn't add up here,


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    #6
    Boruma
    Registered Users Posts: 44 ✭Boruma


    professore wrote: »
    If my business was 400K in debt I'd be severely depressed too. Who signed the loans? If you ran it jointly you surely would have had to sign and know you were borrowing this money and knew the financial state of the business.

    Something doesn't add up here,
    I think it was his business. Wife helped run it.


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    #7
    professore
    Closed Accounts Posts: 5,857 ✭✭✭professore


    Boruma wrote: »
    I think it was his business. Wife helped run it.

    Yes but he says he only learned of the debts after she committed herself. So she ran the business in any meaningful sense of the word. A business is about making money.

    I don't know the legals but bankruptcy seems the only option.

    I don't see any problem with the OP's daughter buying the house.


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    #8
    Boruma
    Registered Users Posts: 44 ✭Boruma


    I ran my ex husbands business his name was on it. Hence he paid the bills.

    Anyone can buy his house. If the wife's name is on it. She has to agree.


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