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If I marry will my wife get half of the house I bought before I met her if we divorce

  • 21-04-2013 9:31pm
    #1
    Closed Accounts Posts: 46


    I'm single and buying a house without a mortgage. If I get married in a few years and subsequently get divorced would my wife be entitled to half the house even though she never bought the house with me or paid a mortgage etc?


Comments

  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    http://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/family_home.html

    Have a read of this. I've read it twice and still can't answer your question. The only thing I can be anyway sure of is if you marry and have kids,then separate, she gets to live in the house till the kids are 18(or 23 if they go to college).
    Assuming the kids would live with the mother after a separation(as in 99% of cases in Ireland)


  • Closed Accounts Posts: 113 ✭✭madchild


    Get her to sign a prenup.

    Be careful though she might not want ya after askin her for it.


  • Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    madchild wrote: »
    Get her to sign a prenup.

    Be careful though she might not want ya after askin her for it.

    There are no "prenup"s in Ireland.

    OP - what if she already has a property before you marry? Would you then be entitled to half of that if you divorce? ;)


  • Registered Users, Registered Users 2 Posts: 6,109 ✭✭✭Cavehill Red


    I don't believe prenuptial agreements have legal standing in Ireland, but I'm happy to be corrected on that.


  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Not legal here AFAIK.


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  • Closed Accounts Posts: 113 ✭✭madchild


    I didn,t know that sure ya learn somethin new everyday. Good to know i won,t ask herself for one then lol


  • Registered Users, Registered Users 2 Posts: 109 ✭✭G3467


    On a related topic, parties may enter an agreement prior to marriage to renounce their rights under the Succession Act.


  • Registered Users, Registered Users 2 Posts: 1,932 ✭✭✭huskerdu


    I'm single and buying a house without a mortgage. If I get married in a few years and subsequently get divorced would my wife be entitled to half the house even though she never bought the house with me or paid a mortgage etc?

    There is no law in Ireland that states that all property owned by both sapouses is divided evenly on divorce. This law ( commonly called a community property law) exists in some US states and all US films and TV shows.

    In a legal separation or divorce case in Ireland, a settlement is reached or imposed by the courts, based on the the assets and income of both spouses . Everything is considered, what they owned before they were married , savings and assets , what their incomes are, and what is the best situation in the future for any kids that have to be looked after.


  • Registered Users, Registered Users 2 Posts: 529 ✭✭✭snor


    The only thing I can be anyway sure of is if you marry and have kids,then separate, she gets to live in the house till the kids are 18(or 23 if they go to college).
    This is absolutely not the case. Each Jud separation/divorce is looked on differently by the courts if agreement cannot be reached. Judge may order house to be sold and proceeds divided - all depends!


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