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Relationship breakdown-options???

  • 16-10-2009 3:17pm
    #1
    Registered Users, Registered Users 2 Posts: 34


    Let me explain the situation. My cousin who I am very close to is in a difficult situation and I'm not sure what advise to give her. She has a young child of six. Their father is her ex-boyfriend who is now seeing some one else although is is still living in the same house as my cousin althoug now they don't even talk to each other unless its about their son. They live in a house which they own between them, (which maybe in negative equity at the moment by the way.)
    Over the last few months the situation has gone from bad to worse and he as ignored numerous requests from my cousin to move out. This may be difficult as he is currently unemployed and rarely can contribute anything.
    Can anyone tell me what options could be available to her. At this point she'd prefer to be shot of it all.
    Is there anyway she could get support to rent a house by herself as she couldn't afford the rent on just her income?
    Is their complications as she is part owner of a property?
    Is there anyway that he cold be forced to leave the house?
    Any suggestion would be appreciated.
    Tagged:


Comments

  • Closed Accounts Posts: 2,980 ✭✭✭Kevster


    Hi,

    I wouldn't trust anything that anyone tells you here, legally-speaking. As such, I think that you and yuor friend should contact the mortgage company about this. Alternatively, contact a law firm. i think that most will offer free advice on something like this.

    You might also consider going to http://www.gumtree.com/ or http://www.daft.ie to see if the administrators there know how to best proceed with this.

    Kevin


  • Closed Accounts Posts: 20,649 ✭✭✭✭CDfm


    Hi OP

    Try this link

    http://www.aimfamilyservices.ie/pub/family_home.html

    and this

    http://www.citizensinformation.ie/categories/birth-family-relationships/unmarried-couples/property_rights_and_unmarried_couples

    The legal position is that it is his home too and he doesnt have to leave it. Your cousin can "buy" him out by agreement (I know its a negative equity situation) provided the lender agrees to transfer the mortgage into her sole name. until that is done both would be responsible for the mortgage debt.

    Because of the recession lots of couples find themselves in this situation and they just have to carry on as best they can. No magic want but they might want to co-ordinate things to allow the other privacy for a new relationship.

    My own view is that he would be mad to leave with his name on the mortgage as it would make it almost impossible for him to get on the property ladder again especially if your cousin defaults on the payments. Perhaps she should discuss matters with her family and maybe someone could act as guarantor to allow the propertybe transfered into her name,


  • Closed Accounts Posts: 4 Dolly393


    Hi there; sorry for butting in on your thread; still new here and not quite got the hang of it.
    My relationship has broken down and unfortunately we had bought a property together which basically now amounts to approx 70k negative equity.
    Here is the problem; I cannot reside in the apartment because of his behaviour and have been staying with family and friends the last 6weeks. I have to keep up my half of the payments on the mortgage and I'm not even living there! At this stage I have imposed on my friends and family enough so am going to have to find a resolution or be forced to pay my mortgage and rent also.
    He said he will not take full ownership of the apartment as it's a bad investment; he initially said he would if I gave him 50k (which I do not have in my back pocket!) but since changed his mind. However if I take over ownership (which is what he is trying to bully me into doing) he wants all his legal fees paid and will not give me any money for taking on approx 35k and rising of his bad debt. he will not agree to both of us moving out and leasing the property; he will not allow me to lease one of the two bedrooms so basically I am homeless unless I give in and take over his bad debt. furthermore my finances would be completely stretched to do this and I don't even think the lending instiution will allow it; they already told me "no" and I am currently making a case to them but am now anxious as to whether I am doing the right thing. I am literally homeless at present and would appreciate any advice from anyone in similar situation or knows of someone who has. Please don't send me to citizen's advice I have tried that and I also sought leagl advice but no solution yet.


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