The Divorce Maze

GinaH

I have been reading through the divorce threads here re: DIY Divorce. All the successful ones seem to have had no property involved, what do posters think of the following senario:

A couple marry. Two years later the 'marriage' breaks down due to his infedility (alcohol related issues).
They share the house but not 'as husband and wife' ....as he is unemployed and cannot afford to move. Four years later, the wife rents accommodation for him as the situation becomes unbearable.

Both names are on the mortgage but 'He' has never contributed so much as a jar of coffee. 'She' has paid the mortgage, utilities, groceries etc..

Is 'He' legally entitled to 50% of the house or succession rights.

Is DIY Divorce a crazy option ?

There are no children. He is on social welfare so cannot pay a solicitor and so far says he will sign whatever is necessary.

Opinions Please ?

dermot_sheehan

He should contact his local legal aid board law centre.

After being a few months on a waiting list, he should have a solicitor provided for by the state at minimal cost.

GinaH

I guess my query is, in this scenario is DIY madness where there is a property involved that has been soley paid for by one person

maidhcII

PAWS animal Res wrote: »

I guess my query is, in this scenario is DIY madness where there is a property involved that has been soley paid for by one person

I think people only do DIY around the house when they are doing something they feel comfortable with. I don't know of too many people who do a DIY intallation of a central heating system or rewire their dewlling.

The same goes for law really. Sometimes getting good legal advice is the cheapest thing you can get.

blueythebear

PAWS animal Res wrote: »

I have been reading through the divorce threads here re: DIY Divorce. All the successful ones seem to have had no property involved, what do posters think of the following senario:

A couple marry. Two years later the 'marriage' breaks down due to his infedility (alcohol related issues).
They share the house but not 'as husband and wife' ....as he is unemployed and cannot afford to move. Four years later, the wife rents accommodation for him as the situation becomes unbearable.

Both names are on the mortgage but 'He' has never contributed so much as a jar of coffee. 'She' has paid the mortgage, utilities, groceries etc..

Is 'He' legally entitled to 50% of the house or succession rights.

Is DIY Divorce a crazy option ?

There are no children. He is on social welfare so cannot pay a solicitor and so far says he will sign whatever is necessary.

Opinions Please ?

In getting a divorce, all succession rights are relinquished, but the house being in joint names means realistically that it may get split 50/50 although if you can prove you paid the mortgage, it would be a huge help. DIY Divorce is NOT a good idea in this case anyway. Get solicitors involved. He can get legal aid (most likely) as he's on Social Welfare. You may also be able to get legal aid dependant on your circumstances, while a private solicitor would cost a couple of grand (I would guess around 5k).