Divorce - where does he stand?

jentomgrant

Hi, hoping someone can give some advice on where my friend stands in the following situation.
Married for 30+ years, grown up kids
5 Years ago, wife walked out and hasnt been back since, left him paying off the house and all other bills etc - kids had grown up and moved out at this stage.

Now wife is saying that she wants a divorce (fair enough) and is going to go for half the house.
Can she do this? Do you think she will be successful?
Could they just turf him out of the family home like that?
If it was sold and the money was split, he would not have enough money to buy somewhere new and because he is nearing retirement age he will not get a mortgage - meaning also that he could not buy her out of the family home.

Anyone know of anyone else who has been through this or has any idea where he might stand? He hasnt been to solicitor yet as he is waiting on her solicitors letter to arrive.
Thanks!

Nevyn

If the children are all grown up then it is not considred the family home any more but an asset.

jentomgrant

Thanks for the reply. So if its an asset, they can force him to sell?

templetonpeck

Thaedydal wrote:

If the children are all grown up then it is not considred the family home any more but an asset.

It is absolutely considered a family home, and the wife is entitled to her share. She should get it too. I'm assuming she stayed at home to rear the kids?

Either the family home must be sold and the proceeds divided equally, or he must buy her out.

This is unfortunately the situation with a lot of people, but if they're nearing retirement age, they should have enough equity in their house to fall back on?

mickoneill30

Maybe best to ask some professionals.

Lots of info and links here.

http://www.citizensinformation.ie/categories/birth-family-relationships/problems-in-marriages-and-relationships/separation-and-divorce/family_home

Noddy4

My sympathies to the guy involved. There are a number of us guys out there and rising.

My wife of 6 years had an affair 2 years ago and moved out of the family home, the guy since left her and now she's coming back to claim the house after 2 years of absense. My son and I have lived in the house since she left and now I am afraid this will disrupt my sons life, if she forces me to sell the house and move, he will not be happy. All his friends etc are nearby and after all this is as much his family home (he's 7 now) as it is anybody's. I have not been perfect I have a live-in girlfriend of one year, but I don't think this will go against me.

I cant believe how my life has been messed up by all of this but just when I thought it was over she is coming back to mess my life up again, not to mention my sons's life.

Granted she did take 3-4 years out of work to look after our son when he was born, so she may have some rights as regards compensation.

Any advice would be appreciated. Either that or post me some vallium

Nevyn

Get yourself legal advice.

Noddy4

Thanks for the reply. I have a good solicitor. It is my undertstanding that the courts will not be happy to sell the family home as this will not bad for the childs welfare, the childs' interests normally come first in divorce cases. They may consider the selling of the family home when he is no longer a dependent. We'll see what happens.

Ps - The divorce Laws in Ireland need some serious reconsideration.

besty

This is getting very close to giving/inviting legal advice, and for that reason, is against the forum charter.