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key to family home

  • 09-10-2009 7:55pm
    #1
    pheonix1234
    Closed Accounts Posts: 47 ✭


    Can someone please tell me something. As part of a legal seperation agreement, ex husband is paying the mortgage even though he doesn't live in the family home. Does this give him entitlement to have a key of the family home which he left four years ago?


Comments

  • #2
    danash
    Closed Accounts Posts: 93 ✭✭danash


    You say he is paying the mortgage - if his name is on the mortgage and on the deeds and your separation agreement does not explicity outline the key arrangement then he is entitled to a key to his property. He can even enter the premises at will if there is no safety issue or order in place.


  • #3
    pheonix1234
    Closed Accounts Posts: 47 ✭pheonix1234


    mortgage is in both names but he is paying because that was agreed according to income of family. Also in agreement is that he gets 40 per cent on sale of house, which is not happening in the current climate.
    Also in agreement is that he does not enter without invitation


  • #4
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    To make this situation hypothetical (I am not giving you legal advice), if it was a term of an agreement that visit be with invitation only then whether a person has a key or not is material, because that person would be in breach of the settlement by visiting without invitation. Presumably if a person was however visiting on foot of an invitation it wouldn't bother the invitee that they opened the door as opposed to knocking on it.


  • #5
    helimachoptor
    Moderators, Science, Health & Environment Moderators Posts: 21,693 Mod ✭✭✭✭helimachoptor


    So he's paying the mortgage and only gets 40% of the profit from the sale, talk about getting screwed. If he doesn't have a key at present if I was him I would be demanding it.


  • #6
    jeckle
    Closed Accounts Posts: 652 ✭✭✭jeckle


    helimachoptor wrote: »
    So he's paying the mortgage and only gets 40% of the profit from the sale, talk about getting screwed.
    I can see your point, but considering that we don't know the full terms of the agreement I think that your comment is a bit unfair.

    What I mean is, for all we know the OP could have been the one who stumped up 60% of the deposit for the house to begin with, or all of it, or there may be children involved, other properties, the OP may well have agreed to this in lieu of childcare costs, given up their career etc. Sometimes things are not as straightforward. This is just my opinion.


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  • #7
    pheonix1234
    Closed Accounts Posts: 47 ✭pheonix1234


    helimachoptor wrote: »
    So he's paying the mortgage and only gets 40% of the profit from the sale, talk about getting screwed. If he doesn't have a key at present if I was him I would be demanding it.

    As the poster above said you do not know the facts and every case is different. Often one person sacrifices a lot of earning power for the sake of the family and what one person contributes to the family is not always monetary, but a valid contribution all the same.


  • #8
    [Deleted User]
    Posts: 50,630 ✭✭✭✭ [Deleted User]


    He is the owner of the property and therefore is entitled to hold a key "in case of emergency" for example if you pop off on holidays and leave the taps running. He is entitled to let himself in to turn of these taps so that his investment does not lose it's value.


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