Can I sell our house?

LegacyUser

Hi there,

I can't find this information on the net anywhere so maybe someone here will provide me with it and thanks for reading.

Briefly, my husband and I seperated 2 years ago. We bought a house 5 years ago. He was the breadwinner in the family and I was a stay at home mum to our two children. Since we seperated, he has not paid the mortage or contributed towards the kids at all. I have gotten myself and job and pay the full mortage alone (1200pm) and have been doing so for two years now.

However, my mother is my one and only support and I want to move closer to her. Apart from the fact that the housing market is awful at the moment, and keeping in mind that the house is in both our names, can I sell and if so, is my ex hubby entitled to anything?

I can't see that I will 'make' much of a profit (about 20,000 at most) and if I do, I would hope to put that towards a new, smaller house nearer my mum.

Would I have to give my ex half of that amount?

There is very little communication between myself and my ex and I just want to know where I stand legally, and if I can actually sell the house. Our chlildren are 7 and 4. Thanks.

davmol

As far as I know you need both parties agreement ,both parties being the names on the title deeds.if its in joint ownership then you defo cannot sell it if his names on it.

Nervous Wreck

You'll need to

a) Get his permission to sell
and
b) Split the money with him.

Kinetic^

Contact a solicitor. They'll be able to guide you.

Oh The Humanity

As far as I know if one party is dragging their heels and refuses to give consent/the couple can't agree you can go to court and the Judge will usually order the house be sold and the equity split. So he would be entitled to half the equity, if there is any.

That happened to a couple I know but they were not married and did not have kids so it could be different for you.

But if you want out of the house do go to a solicitor for a consultation and see where you stand.

Its so unfair that you should have to shoulder the burden alone.

Lab_Mouse

your husband doesnt live there so why should he pay the mortgage?

I presume he is paying child maintaince?if so, part of that is towards the childrens accomadation(and indirectly your mortgage).

Was in similar boat as yourself but I was the husband.My ex bought my share off me so that the house was hers.

Like a poster above mentioned the courts can make a decision(either force the house to be sold,profit split netween the 2 of you's or you can buy him out).

edit:didnt see the part in OP's post about him not making any child maintaince.Bring him to court to get that(its maxed out at 150 per child unless you goto a higher court).

LegacyUser

You need to talk to a family law solicitor. This would fall under the Family Law Protection Act... it is very comprehensive but tends leans in the favour of the spouse who is still living with the children in the home.

Oh The Humanity

Lab_Mouse wrote: »

your husband doesnt live there so why should he pay the mortgage?

Two very good reasons he should contribute to the mortgage.

Because he will be getting half the equity when the house is sold so its only fair.

Because his children live there.

herya

Lab_Mouse wrote: »

I presume he is paying child maintaince?if so, part of that is towards the childrens accomadation(and indirectly your mortgage).

She said he's not - he's not contributing anything toward the kids.

Abi

Lab_Mouse wrote: »

your husband doesnt live there so why should he pay the mortgage?

Because he signed for the mortgage with his then wife. You can't just up and leave when you feel like it. You couldn't even do that if it was just a lease and they were renting. And as a grown up you should do the right thing and tie up the loose ends you've left behind. He in this case, could give her his consent to sell up, or offer her to buy him out. I see that is what you and your ex did.

The thing is, there are children involved in this, and they need the stability of a home. Considering the ex is out of the picture, I suggest she deal with the matter immediately, and go to a solicitor. The thing is she is making the mortgage repayments and the mortgage lender no doubt, is unaware of the change. So whatever she has contributed to the mortgage will be treated as a joint contribution I assume, unless shes kept a record - either via an account of her own or cash payments for which she has the stubs for and can prove she has been making payments alone.

I'd be onto this like a flash OP. Well overdue.

dudara

You really need to seek legal advice on this one OP.

Barracudaincork

Its my understanding that the house would be purchased as joint tenants and not tenants in common, this means neither of you can sell without the others permission.

I do understand your paying the mortgage now, but your husband paid it for 3 years, whos savings or equity was used for the deposit?

I know your emotional about this and your kids and your main concern, but you also need to see its only right he gets half, its his house too. Sometimes whats right, isnt always fair. However, the toe rag should be supporting his kids too and the law will see that he does, if you go after him for maintenance.

On a side note, as much as you might "dislike" your ex-husband, believe in karma and dont let yourself get bogged down into thinking about him too much, use your energy for positive things, like your amazing kids!

LegacyUser

Hi OP,

I suppose you have to do what ever it takes to get back to your mum and the life you want near her for you and your kids if thats your dream for the future then go for it.


I would sell the house and try buy another,you will get a good deal but will have to reduce your house price to make it happen fast, if you can afford 1200pm then you may get a house suited to you,

you may have to give him something out of it but if you can afford to make the change, then do it, be rid of him have your own home and start a new chapter.

G'luck.

Lab_Mouse

to some off the posters above please note I edited by original post to say that I hadnt seen that the OP had posted the fact her husband hadnt been paying maintaince.

@oh the humanity see above.Also like I said part of the child maintaince money(which he wasnt and he should be )contibutes towards the kids accomadation.
The courts will award the mother the house or force it to be sold and she will get her 2 years of paying the mortgae on her own.

OP I take it you didnt get a legal seperation because all of this would of been sorted.

Also leaving it 2 years without chasing him down over the child maintaince and struggling to pay the mortgage was a mistake on your part.He has been taking you for a ride alright.

LegacyUser

OP here.

Thanks for info guys - I'll ring a solc today.

No, we havn't had a legal seperation yet, as someone said, it's been quite emotional for me and I wasn't ready to go down the legal route.

He moved back to his mams and decided he didn't want to see the kids. Left his job and went on the dole so I couldn't get maintenance from him. Although he's a tiler and has been 'nixering' for the past few years, but try proving that to a judge eh?

I knew I needed his permission to sell as both our names on on the house, I just wondered financially where I'd stand, keeping in mind that I need to provide a home for our kids. But it's not looking good from advice given here.

The deposit on the house came from our joint savings.

NoQuarter

Hi OP,

I think this falls under the Family Home Protection Act 1976, available on http://www.oireachtas.ie

Section 3 provides that written consent is needed to sell or mortgage the house again, this is in relation to non-owning spouses so the case would be the same for joint owners.

You will have to contact your ex and get written consent from him to sell the house, if he refuses you can apply to the court under section 4 of the above act and have his consent dispensed with if it is unreasonable or by desertion which he has technically done.

You dont make it clear as to who's money was used to actually purchase the house as that is very relevant!

With regards to the share of equity awarded, its dependant on a number of facters including who originally paid for the house and any direct or indirect contributions paid over the time. The position of a stay at home mother is well recognised by the courts and they will take that into consideration also. The courts will similarly be looking towards whats best for the children so its not accurate to say that the equity share will be split in "half". The share will be split according to future needs!

hope this helps a tad.

NoQuarter

Just read your last post OP, the fact that the deposit was paid from your joint account only helps you more!

LegacyUser

Op here

That#s very interesting stew - thanks so much for that.

I knew that as a stay at home mother, I some financial 'value' in relation to the house, just wasn't sure where I could find info on it.

Yes the orig depost was 15k each. he paid mortgage for first three years. I paid for last two.

thanks again

LegacyUser

Hi OP,
My sister has 3 young children, she found out that her husband was having an affair and he left. He paid nothing for ages until she brought him to court for maintenance, she continued to pay the mortgage all the time. Eventually he signed the house over to her which she requested in court as she was the one that got the deposit from a family member and paid it back. Alls well that ends well but you need a good solicitor who can speak up for you. You must also be willing to make compromises etc. Regardless of your ex's income he should be made to pay some contribution towards his children. GoodLuck

SarahMc

Try to keep it civil, for the kids sake of course, but also, if there is only €20K equity (and thats a big if in the current climate), that will get swallowed up very soon in an acrimonious legal battle.

LegacyUser

Hi OP

I have seen men in court who are on the dole being forced to pay maintenance. It may only be a small amount but it is the principle of the thing! Ask a solicitor when you ask about the house.

MoonDancer

You should really go to court and get the back dated maintenance too while you're at it. How can it be so easy for a parent to get away without paying child support!?