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Seperation Agreement Am I Greedy ?

  • 08-05-2016 11:27am
    #1
    Registered Users, Registered Users 2 Posts: 2,765 ✭✭✭


    My wife and I split up 3 years ago (after 15 years together)...she had an affair/ affairs.
    She has finally agreed to give up all claim to the house, pension and shares that I hold..Which is great news ...
    It's just I have paid 40k on the mortgage over the last three years and she also had 60k of savings at the time of the split, should I look for some of this money or just be glad that she is gone ? (She has a well paid job 100k)

    The house isnt in negative equity but there are planning issues to be sorted out which could cost 20k + to rectify..

    Thanks for any advice..


Comments

  • Registered Users, Registered Users 2 Posts: 2,357 ✭✭✭Fiona


    I would have imagined that you would be due her share of the mortgage over the last 3 years since technically she should have still being paying it but that's my emotional opinion on it I don't know the legalities of it.

    However if she agreed in principle that she was happy to forgo her share of the house at the outset then it could be argued that she shouldn't be liable to pay mortgage payments on a house she is renouncing all rights too? Again no idea of the right and wrongs and I could be very wrong on this.

    Me personally I would take my house and my pension and I would run very very far away and leave everything else behind, tainted money.


  • Registered Users, Registered Users 2 Posts: 1,692 ✭✭✭Payton


    Its a mathematics game at the end of the day. Could you afford to keep the mortgage going on the term that is left on it? Will the mortgage provider release her from the title deeds especially if there are planning issues!!...that alone is a bit of a ball breaker. I do believe even if she is consenting to giving up all rights she still may be asked to provide the court with an affidavit of means which could open a can of worms.
    On a plus side and if it was me I'd be taking her up on her offer and get on with your life.


  • Registered Users, Registered Users 2 Posts: 2,765 ✭✭✭4Ad


    Thanks for the replies..I'm am going to take your advice and my close friends and take the offer and draw a line in the sand and be done with her for once and for all..Cheers


  • Registered Users, Registered Users 2 Posts: 1,692 ✭✭✭Payton


    4Ad wrote: »
    Thanks for the replies..I'm am going to take your advice and my close friends and take the offer and draw a line in the sand and be done with her for once and for all..Cheers

    Maybe talk to her regarding getting the planning issue resolved first as this could bog you both down and hinder her being removed from the loan.


  • Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,430 CMod ✭✭✭✭Pawwed Rig


    It depends on your financial situation ie are you going to get maintenance payments etc. A solicitor would be the best person to talk to.


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  • Closed Accounts Posts: 6,750 ✭✭✭Avatar MIA


    Are there any dependent children involved?


  • Registered Users, Registered Users 2 Posts: 2,765 ✭✭✭4Ad


    Hi, no children involved which I'm sure makes it alot easier, both financially and emotionally.
    Luckily I can afford the mortgage on my own, just waiting on the bank to return on call in regards taking the mortgage on my own.
    I will take on the planning issues and costs, it's all money !!!


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