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Breakup & mortgage

  • 15-07-2017 5:29pm
    #1
    Revolver76
    Registered Users, Registered Users 2 Posts: 18 ✭


    Hi,I'm not sure if I'm in the right area for my query but here goes.
    My spouse and I have split up a year ago and are living in separate homes.She's living in the family home with the three kids whilst I'm staying in my father's house
    We currently are in year 15 of a joint mortgage on the house
    House has approx 102000 euro left/30 year mortgage
    I'm currently paying the full mortgage even though I'm not living there
    Recently I've been summons to court and have now to pay maintenance for the three kids which I fully understand
    What I don't understand was the judge telling me I've to pay the full mortgage going forward still.
    The thing is,I've received the court order letter stating what I've to pay to the family home
    Maintenance/birthday/back to school
    It doesn't mention about me paying the mortgage
    I'm more than willing to pay half the mortgage but I can't sustain paying the full mortgage
    My spouse and I are in full employment and are on similar wage,she also gets children's allowance and now my 400 euro maintenance also.
    I'm currently paying life assurance and property tax also.
    I'd really appreciate advice on this
    I'll forward on more information if I'm missing anything that helps
    Thanks.


Comments

  • #2
    dudara
    Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    Hi oP, I've split out your post and moved it to a new thread


  • #3
    Steviesol
    Registered Users, Registered Users 2 Posts: 250 ✭✭Steviesol


    You could do one of two things,

    1) Ring the court office and speak to the registrar whos name is on the bottom of the order, ask for clarification. She/He can liaise with the judge, check notes from day and amend the order, if needs be. Sometimes things are incorrect on orders sent out.

    2) Just follow the order. You will not be in any maintenance order arrears.

    BTW I am not surprised, family law is in an awful state in Ireland right now.

    Best of luck .


  • #4
    Hannibal_Smith
    Moderators, Society & Culture Moderators Posts: 7,240 Mod ✭✭✭✭Hannibal_Smith


    Speak to a solicitor.


  • #5
    jimmycrackcorm
    Registered Users, Registered Users 2 Posts: 14,378 ✭✭✭✭jimmycrackcorm


    Hannibal_Smith wrote:
    Speak to a solicitor.

    Definitely this when your OH is earning a similar amount. I wonder if the judge was aware of that?


  • #6
    Kidchameleon
    Closed Accounts Posts: 5,482 ✭✭✭Kidchameleon


    Jesus OP thats harsh. Why bother getting married these days?


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  • #7
    GingerLily
    Registered Users, Registered Users 2 Posts: 4,767 ✭✭✭GingerLily


    Kidchameleon wrote: »
    Jesus OP thats harsh. Why bother getting married these days?

    The issue is the kids and the family home, not really the marriage breaking up.


  • #8
    Riskymove
    Registered Users, Registered Users 2 Posts: 10,900 ✭✭✭✭Riskymove


    GingerLily wrote: »
    The issue is the kids and the family home, not really the marriage breaking up.

    I think he has a deeper reflection in mind (i.e. why bother having relationships/kids):pac:


  • #9
    GingerLily
    Registered Users, Registered Users 2 Posts: 4,767 ✭✭✭GingerLily


    Riskymove wrote: »
    I think he has a deeper reflection in mind (i.e. why bother having relationships/kids):pac:

    It's an important thing to think about before having kids- that you have to provide for them until they're 18 (at least), not something anyone should undertake lightly.

    Sorry going off topic...


  • #10
    Kidchameleon
    Closed Accounts Posts: 5,482 ✭✭✭Kidchameleon


    GingerLily wrote: »
    The issue is the kids and the family home, not really the marriage breaking up.

    Thats what I mean. It looks like he is paying all the mortgage which is crazy if she herself is working earning a similar wage. Non married people would not have this problem. Also re. kids, marraige is supposed to give a guy equal rights but in practice it doesnt, so why bother?


  • #11
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,430 CMod ✭✭✭✭Pawwed Rig


    Kidchameleon wrote: »
     Also re. kids, marraige is supposed to give a guy equal rights but in practice it doesnt, so why bother?

    Curious as to why you think that tbh. It gives more rights but hardly equal.


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  • #12
    jca
    Closed Accounts Posts: 8,585 ✭✭✭jca


    Jesus that's tough. Did you say it to the judge that you were carrying the majority of the bills? These judges can be in cloud cuckoo land sometimes. Did you have legal representation at the hearing? If not I'd go to a solicitor explain to him/her what you want and get a new hearing, a solicitor will address the issues for you without being distracted. It's too easy for an ordinary Joe like us to get distracted in a court room situation and before you know it everything is done and dusted and you've come out with nothing.


  • #13
    Kidchameleon
    Closed Accounts Posts: 5,482 ✭✭✭Kidchameleon


    Pawwed Rig wrote: »
    Curious as to why you think that tbh. It gives more rights but hardly equal.

    As far as I know, a man has automatic joint custody of children when married. So technically he should have equal rights re. children. Of course it never really works out that way. Dont want to derail the OP's thread further so I'm gonna bow out. Good luck OP.


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