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Joint mortgage/where do I stand

  • 19-07-2013 7:19pm
    #1
    flahers
    Registered Users, Registered Users 2 Posts: 189 ✭✭


    My husband has been a functioning alcoholic for the past fifteen years and refuses to acknowledge his problem. Because my family are now reared and I am suffering a lot because of his actions I have some very tough decisions to make. Unfortunately for me I have not worked outside the home for fifteen years so don't have an income of my own. We are just getting by with pay cuts and he's also a heavy smoker and visits the bookies.

    I told him today that unless he addressed this problem properly I would be seeing a solicitor to het him out of the house and then look for a separation. Our mortgage is in both names but he says I wont get a penny if house is sold because he pays the mortgage. Is this correct and could I be left with nothing.


Comments

  • #2
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    When an application for Judicial Separation or Divorce comes before a court, it's up to a judge to decide how marital assets will be divided, despite what one spouse may say or believe.


  • #3
    aujopimur
    Registered Users, Registered Users 2 Posts: 3,953 ✭✭✭aujopimur


    You can't just get him out of the house, unless he's being violent or abusive.
    Consult a family law solicitor, if you don't have an income or means apply for legal aid at your local Law Centre.
    Good luck


  • #4
    SweetPotatoes
    Closed Accounts Posts: 62 ✭✭SweetPotatoes


    flahers wrote: »
    My husband has been a functioning alcoholic for the past fifteen years and refuses to acknowledge his problem. Because my family are now reared and I am suffering a lot because of his actions I have some very tough decisions to make. Unfortunately for me I have not worked outside the home for fifteen years so don't have an income of my own. We are just getting by with pay cuts and he's also a heavy smoker and visits the bookies.

    I told him today that unless he addressed this problem properly I would be seeing a solicitor to het him out of the house and then look for a separation. Our mortgage is in both names but he says I wont get a penny if house is sold because he pays the mortgage. Is this correct and could I be left with nothing.

    I very much doubt the family home would be sold. I am not sure of the legal position in Ireland as I have a foreign law degree but usually the court would look at how much each partner put up for the house originally. Worth getting proper legal advice if you do decide to dump him.


  • #5
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    SweetPotatoes wrote: »
    I very much doubt the family home would be sold. I am not sure of the legal position in Ireland as I have a foreign law degree but usually the court would look at how much each partner put up for the house originally. Worth getting proper legal advice if you do decide to dump him.

    In ireland the court will look at the means of each party, the length of the marriage and who paid. In a long marriage, with no dependant children, where only one party paid, then a sale order may be ordered, but say one of the parties had the cash to buy without selling and the other could not even if house sold and split then that person may be allowed to stay in occupation or even be given the property. In Ireland it is usually about proper provision. No two situations are the same.


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