Buying property with boyfriend who is not yet divorced

Katgurl

We have a child together and are renting. He pays maintenance on his three children from the marriage. His ex has appealed and increased the settlement twice. Things are acrimonious. They are legally separated.

Am I putting myself in a vulnerable position investing in property while he is still married?

nuac

Mod
You need legal advice on this proposal. Cannot be given here, Will leave open for general discussion subject to forum rules

Victor

Make sure you get independent legal advice, separate from anyone else, from a solicitor that you pick.

I suspect the Family Home Protection Act won't affect you. However, even after he divorces, he will still have obligations to his children and potentially to his former spouse.

In the future, what will happen the property if you separate from him?

Car99

Can you afford / qualify to finance the property on your own ?

Mr. Incognito

Do not buy a property with a married person.

blackwhite

Not specific to the OPs query - but just a thought that arises on the legal principle.


I know of two lads from college who went halves on buying an apartment together in Dublin in the latter boom years. Although I'm sure they had some worries around price etc for a few years it was in a decent enough area where properties rebounded and when I ran into one of them recently he told me they had sold up approx. years ago and were able to use the proceeds towards deposits with their respective (now) partners.

It got me thinking of a scenario:
If one of the lads had gotten married at some point after this joint purchase, and subsequently divorced/seperated before any disposal of the property: - what would the wife's claim be on - an equal share of the joint property (i.e. 33.33%) or would she have a claim to share his 50% stake only (i.e. she has an entitlement to 25%).

Following on from that - would there be any different impact if one of the partners in the transaction was married prior to entering into the property purchase?


The question is geared towards understanding the financial risk of the unmarried partner - does he have a risk of his share in the property being diluted.

(Fully appreciate there are significant other risks regarding ability to sell the property, etc., but had been wondering more on the financial risk element).

Effects

blackwhite wrote: »

It got me thinking of a scenario:
If one of the lads had gotten married at some point after this joint purchase, and subsequently divorced/seperated before any disposal of the property: - what would the wife's claim be on - an equal share of the joint property (i.e. 33.33%) or would she have a claim to share his 50% stake only (i.e. she has an entitlement to 25%)

How could she be entitled to 33% when her husbands share was only 50%?

the_syco

Katgurl wrote: »

Am I putting myself in a vulnerable position investing in property while he is still married?

Will you be buying by yourself, or with him?

IINAL, but if by yourself, you should be okay.

If buying with him, your house could be seen as an asset that he part owns when he divorces his current wife. Also, as he already has a house, I'm sure you'll lose any 1st time buyers discount.

Finally, if using a mortgage calculator to see what you'd be able to afford using your salary + his salary, you may want to enter the sum of your salary + (his salary minus his maintenance and minus his mortgage repayments), as this may lower what you can get. And if things are acrimonious, the ex may look to getting the maintenance raised again.

Get legal advice, and ask if it's a good or bad idea having him even on the mortgage, as he is already part paying a mortgage, as well as maintenance.

blackwhite

Effects wrote: »

How could she be entitled to 33% when her husbands share was only 50%?

My question was does she become an equal owner of the property if it was deemed to be their “home”

Effects

blackwhite wrote: »

My question was does she become an equal owner of the property if it was deemed to be their “home”

No.

blackwhite

Effects wrote: »

No.

Anything on the second part of the question - i.e. is there any different in treatment for property owned individually prior to the marriage, and property purchased whilst married?

Claw Hammer

blackwhite wrote: »

Anything on the second part of the question - i.e. is there any different in treatment for property owned individually prior to the marriage, and property purchased whilst married?

Yes. Once a property becomes a family home, the owning spouse cannot sell without the consent in writing of the non-owning spouse.

Victor

blackwhite wrote: »

It got me thinking of a scenario:
If one of the lads had gotten married at some point after this joint purchase, and subsequently divorced/seperated before any disposal of the property: - what would the wife's claim be on - an equal share of the joint property (i.e. 33.33%) or would she have a claim to share his 50% stake only (i.e. she has an entitlement to 25%).

That's not how it works in Ireland. Any entitlement is unrelated to property ownership and getting a particular percentage.