House - Separation

doubledeutsch

Hi,

Wife and I are deciding to separate... 2 kids... Property we live in is owned by me.

Give or take, it was me who caused the need to separate, so her suggestion was for me to move out and for ex + kids to remain in the property. I agree to a point (below) with this, it's best for the kids to stay there.

My question, if I do move out, what's the effect on ownership of the home and any equity that might be there in the future? If we, for example split the mortgage repayments 50/50.

Can I trust her to go along with an agreement like this, I think so, yes.

Is this something anyone has experienced? Or any advice on how best to resolve a situation like this?

Thanks.

Dial Hard

doubledeutsch wrote: »

Or any advice on how best to resolve a situation like this?

Get a solicitor. The property that is "owned by you" is a marital and family home.

doubledeutsch

Dial Hard wrote: »

Get a solicitor. The property that is "owned by you" is a marital and family home.

Yeah, apologies, bad turn of phrase, but you know what I mean...

nuac

Mod
As Dial Hard says
Leaving open for general discussion subject to forum rule on legal advice

TheShow

doubledeutsch wrote: »

Hi,

Wife and I are deciding to separate... 2 kids... Property we live in is owned by me.

Give or take, it was me who caused the need to separate, so her suggestion was for me to move out and for ex + kids to remain in the property. I agree to a point (below) with this, it's best for the kids to stay there.

My question, if I do move out, what's the effect on ownership of the home and any equity that might be there in the future? If we, for example split the mortgage repayments 50/50.

Can I trust her to go along with an agreement like this, I think so, yes.

Is this something anyone has experienced? Or any advice on how best to resolve a situation like this?

Thanks.

While you may be the sole owner on the deeds of the property, it is the family home and thus your wife has a claim on it and/or any surplus sales proceeds under the Family Home act. Best to go talk to a solicitor for advice.

Claw Hammer

TheShow wrote: »

While you may be the sole owner on the deeds of the property, it is the family home and thus your wife has a claim on it and/or any surplus sales proceeds under the Family Home act. Best to go talk to a solicitor for advice.

A wife has no claim for any interest in the house or its proceeds under the Family Home Act (which does not exist) or any other Act.

sbs2010

Phone these guys and get an appointment.

https://www.legalaidboard.ie/en/our-services/family-mediation/

Its free and they'll help both of you come to a, hopefully amicable, agreement.

Mrs OBumble

doubledeutsch wrote: »

Can I trust her to go along with an agreement like this, I think so, yes.

And if she re-partners in the future, can you also trust that the new partner won't encourage her to reneg on the deal? Nope ... you can't.

Get the legals sorted properly, to protect both your interests.

doubledeutsch

Claw Hammer wrote: »

A wife has no claim for any interest in the house or its proceeds under the Family Home Act (which does not exist) or any other Act.

This was my understanding.

Mrs OBumble wrote: »

And if she re-partners in the future, can you also trust that the new partner won't encourage her to reneg on the deal? Nope ... you can't.

Nope, you're right. However, how would a court look on this?

4ensic15

What a wife does have, is a right to seek in the context of a divorce or separation, proper provision which may mean she gets the house.