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Should he get a legal document?

  • 07-04-2015 11:56pm
    #1
    LegacyUser
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    Just asking opinions for a friend from those who might know more. My friends wife walked out on him after 6 years of marriage last year. She said she just fell out of love but funnily enough moved in with a new guy 6m later after starting seeing him 4m after moving out.. According to her.

    Friend was devastated, wanted to try counselling etc as they have two small kids and he went to the sessions even alone at times but she refused. Seeing as she wanted it over he refused to leave their house (in neg equity) and she left and rented before moving in with new guy. For last 6 months she has not contributed to mortgage and while struggling majorly with help from family and friends he has kept up payments, often with zero left at end of month.

    They also have the kids 50/50 with him even 60/40 most weeks but due to our fabulous laws she still gets children's allowance etc. Up till now no lawyers were involved as I think he was secretly hoping to resolve it all but he has now started to move on and the bank are helping him out with his mortgage as they confirmed xe not paying up.

    The ex's new relationship is however beginning to lose it's gloss I think and she keeps saying to him "the house should be mine, the woman always gets the house, you stole it from me"
    At this stage I think he needs a legal separation or something to doc that he has the kids at least 50/50 ( only positive is xe is very happy with this) but can the fact that she has defaulted on her mortgage responsibility be used to guarantee he keeps the house for him and kids st this stage?

    I hope someone can give their opinion as it might help persuade him if it is needed.


Comments

  • #2
    desbrook
    Registered Users, Registered Users 2 Posts: 1,847 ✭✭✭desbrook


    You ask can her not paying the mortgage be used to guarantee he gets the house . In a word- no .For a start she didn't default, they both did. The bank doesn't differentiate. She's entitled currently to move right back in and if she gets any legal advice that's probably what she'll do. It's far from over.


  • #3
    LegacyUser
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    desbrook wrote: »
    You ask can her not paying the mortgage be used to guarantee he gets the house . In a word- no .For a start she didn't default, they both did. The bank doesn't differentiate. She's entitled currently to move right back in and if she gets any legal advice that's probably what she'll do. It's far from over.

    He has not defaulted, he has paid the mortgage every month just no money from her. I agree that it's far from over. She is currently talking about asking the bank to remove her name from the mortgage (now finally grasping concept of neg equity) but in my opinion that's a win win for her as her name is still on the deeds. He thinks if the mortgage is in his name only it will give him more "hold" over the house. But that's total nonsense right?


  • #4
    desbrook
    Registered Users, Registered Users 2 Posts: 1,847 ✭✭✭desbrook


    Advice4afriend wrote: »
    He has not defaulted, he has paid the mortgage every month just no money from her. I agree that it's far from over. She is currently talking about asking the bank to remove her name from the mortgage (now finally grasping concept of neg equity) but in my opinion that's a win win for her as her name is still on the deeds. He thinks if the mortgage is in his name only it will give him more "hold" over the house. But that's total nonsense right?

    In most cases but especially in cases of negative equity banks will refuse point blank let someone take their name off a mortgage. Who could blame them? With one less person there's one less salary to fund the loan. Worse still for them with negative equity there isn't even sufficient collateral even if they repossesed. If your friend is still living in the fantasy land that the bank would consider it he hasn't recieved any proper legal advice. He needs it....


  • #5
    Jamaican Me Crazy
    Registered Users, Registered Users 2 Posts: 1,111 ✭✭✭Jamaican Me Crazy


    It's not a simple as taking a name off a mortgage either AFAIK. Your friend would need to apply to the bank for a new mortgage in his own name only and be able to prove he can service the loan on his own.

    Your friend needs legal advice ASAP. Property seems to be the most complicated aspect in most separations. I don't know why people bother fighting over it, so many houses in negative equity.


  • #6
    desbrook
    Registered Users, Registered Users 2 Posts: 1,847 ✭✭✭desbrook


    Jamaican Me Crazy wrote: »
    It's not a simple as taking a name off a mortgage either AFAIK. Your friend would need to apply to the bank for a new mortgage in his own name only and be able to prove he can service the loan on his own.

    Your friend needs legal advice ASAP. Property seems to be the most complicated aspect in most separations. I don't know why people bother fighting over it, so many houses in negative equity.

    You are leaving out the consideration that as they are married the house has special legal status as a family home. This means that in theory the friend could end up solely paying a mortgage on a house he only 50% owns but may not even be allowed to live in !


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  • #7
    Jamaican Me Crazy
    Registered Users, Registered Users 2 Posts: 1,111 ✭✭✭Jamaican Me Crazy


    desbrook wrote: »
    You are leaving out the consideration that as they are married the house has special legal status as a family home. This means that in theory the friend could end up solely paying a mortgage on a house he only 50% owns but may not even be allowed to live in !

    I was coming from the point of view if the ex consented to leave the house and wanted her name off the mortgage and deeds.

    I know what you mean though. My sisters ex-husband pays 100% of the mortgage on their family home, has not lived there in over 10 years and when the time comes for it to be sold is only entitled to a small percentage of any profits.

    Likewise, I have a sole mortgage and my ex has not paid a cent towards the mortgage in the 2 years since we separated and I could argue that he didn't long before that either but that's another days work but my ex will claim an equitable interest in the property and most likely will be awarded something and the house is well in negative equity.

    Property is complicated.


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