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Really need advice!!

  • 07-09-2012 10:41am
    #1
    LegacyUser
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    Looking for some advice on a legal separation in Ireland.

    My parents have been separated for a good 5 years or so now but have always remained living together and civil as in the current climate neither could afford to buy the other out of our house.

    Anyway my mother has now said she wants a legal separation and half of the house, now my mother is out of work and has been for 10 years or so, she still receives a wage from work as she is classed as disabled (not physically)

    Does anybody have any advice on legal separation? My father does not want the house sold whatsoever and pays every single bill in the house and has done for years. It is the family home and it would break his heart if he had to sell it.

    Would it have to go to court and if so would the courts just sell the house without my fathers consent even though he pays all the bills etc?

    Any advice would be greatly appreciated, I would hate to have to see my father go through the heartbreak of selling the house, I dont think he would ever get over it and believe it would destroy him, he loves this house with all his heart.

    Thank you.


Comments

  • #2
    edellc
    Closed Accounts Posts: 1,787 ✭✭✭edellc


    anon345 wrote: »
    Looking for some advice on a legal separation in Ireland.

    My parents have been separated for a good 5 years or so now but have always remained living together and civil as in the current climate neither could afford to buy the other out of our house.

    Anyway my mother has now said she wants a legal separation and half of the house, now my mother is out of work and has been for 10 years or so, she still receives a wage from work as she is classed as disabled (not physically)

    Does anybody have any advice on legal separation? My father does not want the house sold whatsoever and pays every single bill in the house and has done for years. It is the family home and it would break his heart if he had to sell it.

    Would it have to go to court and if so would the courts just sell the house without my fathers consent even though he pays all the bills etc?

    Any advice would be greatly appreciated, I would hate to have to see my father go through the heartbreak of selling the house, I dont think he would ever get over it and believe it would destroy him, he loves this house with all his heart.

    Thank you.

    I was in the same situation with my folks just over 10yrs ago, and tbh it is best getting it sorted out now rather than later as you never know if things will sour greatly.

    My mother stayed in the family home and was terminally ill, father moved out but left all his billing to go to the house and paid mortgage, mother paid all the bills as she was sole occupant(along with my sisters and nephew), when a solicitor was consulted we where told then that the assets of the marriage would need to be divided and either one or the other buy the other one out if this is not an option then house sold and assets divided, as my mother was terminal my father left her in the house until she passed but did make her life hell until then, it was only after she died that it got really messy and we are still dealing with the fall out of that.

    OP you can not ask for legal advise on boards, so I suggest your mother gets herself to a solicitors and ask the question you have posted here

    as for your dad unfortunately he may not get what he wants and if not this is where it can become quite bitter so be prepared for the fall out when you mother goes through with this.... also be aware not to blame your mother for this, their marriage has broken down, and rightly or wrongly she has the right to look for a legal separation and a division of the assets to start afresh.


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