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Property during divorce

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  • 30-08-2019 4:08pm
    #1
    Deedee3
    Registered Users Posts: 41 ✭


    Am I entitled to property if my wife ,who I'm divorcing, has shared ownership with her father. We were together on and off for 8years, married and it lasted 2years.

    Living apart the last 5years, I'm in a new relationship and have a child from the new relationship


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    #2
    jimmycrackcorm
    Registered Users Posts: 14,329 ✭✭✭✭jimmycrackcorm


    Was it property that you shared with her before you split, did you make any financial contribution to a mortgage or other contributions towards the property?


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    #3
    nthclare
    Banned (with Prison Access) Posts: 3,316 ✭✭✭nthclare


    5 year's later new woman and a child.
    I'd say you've a good battle on your hands.


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    #4
    jimwallace197
    Registered Users Posts: 1,134 ✭✭✭jimwallace197


    Deedee3 wrote: »
    Am I entitled to property if my wife ,who I'm divorcing, has shared ownership with her father. We were together on and off for 8years, married and it lasted 2years.

    Living apart the last 5years, I'm in a new relationship and have a child from the new relationship

    God, I really despair at the way society has gone sometimes. Hopefully you are not entitled to any of it.


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    #5
    ELM327
    Registered Users Posts: 21,446 ✭✭✭✭ELM327


    jimwallace197 wrote: »
    God, I really despair at the way society has gone sometimes. Hopefully you are not entitled to any of it.
    That's not a helpful comment.


    @OP
    If the ownership commenced during the marriage then yes you would be entitled to a 50% share, as would she of any of your "assets" either


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    #6
    jimwallace197
    Registered Users Posts: 1,134 ✭✭✭jimwallace197


    ELM327 wrote: »
    That's not a helpful comment.


    @OP
    If the ownership commenced during the marriage then yes you would be entitled to a 50% share, as would she of any of your "assets" either

    Thats not a helpful comment either as obviously he is not entitled to half of it & you are talking through your hoop, ask any legal professional this


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    #7
    ELM327
    Registered Users Posts: 21,446 ✭✭✭✭ELM327


    jimwallace197 wrote: »
    Thats not a helpful comment either as obviously he is not entitled to half of it & you are talking through your hoop, ask any legal professional this
    Shared property commenced during the marriage? Of course he is entitled to a share.


    Reasoned debate and politeness duly noted as lacking.
    Perhaps if you wrote and spoke in a little more refined manner, befitting calm discussion, life would not be so difficult for you that you have to resort to posting aggressive bunkum online.


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    #8
    votecounts
    Registered Users Posts: 2,617 ✭✭✭votecounts


    If the OP was a women, a lot of people would be arguing that she is entitled to it. I feel you may not be entitled to anything so you should concentrate on your new family.


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    #9
    ELM327
    Registered Users Posts: 21,446 ✭✭✭✭ELM327


    votecounts wrote: »
    If the OP was a women, a lot of people would be arguing that she is entitled to it. I feel you may not be entitled to anything so you should concentrate on your new family.
    Whether people like it or not, the OP could easily be entitled to a share depending on how ownership came about and when it started.


    If the ex-wife won a lotto draw in a syndicate the OP is entitled to a share, unless this has been signed away in a separation agreement.


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    #10
    jimwallace197
    Registered Users Posts: 1,134 ✭✭✭jimwallace197


    ELM327 wrote: »
    Whether people like it or not, the OP could easily be entitled to a share depending on how ownership came about and when it started.


    If the ex-wife won a lotto draw in a syndicate the OP is entitled to a share, unless this has been signed away in a separation agreement.

    Yes, possibly a share but certainly not 50% of it like you earlier seemed so sure of.


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    #11
    nthclare
    Banned (with Prison Access) Posts: 3,316 ✭✭✭nthclare


    ELM327 wrote: »
    Whether people like it or not, the OP could easily be entitled to a share depending on how ownership came about and when it started.


    If the ex-wife won a lotto draw in a syndicate the OP is entitled to a share, unless this has been signed away in a separation agreement.

    I'm a guy myself and am all for father's rights and men's rights.
    That's when it's based on common sense and rationale.

    But 5 year's later and his exe is getting on with her life oblivious to the obvious.

    I've seen it before, new woman finds out new man's exe could have a property in which she can benefit from.
    So the drama starts and it's utter chao's and stress.

    The elephant in the room will be the op.

    It never runs smoothly, the OP will be getting it from all angels.

    But if he's prepared for a fight, I guarantee his share will end up being the cost if not more than the cost of the case..

    It can be dragged out for years.

    All the best wishes to the op if he thinks he's entitled to a share of the estate by all means investigate it.

    But be prepared for a lot of stress


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    #12
    Deedee3
    Registered Users Posts: 41 ✭Deedee3


    Ok.


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    #13
    Monife
    Registered Users Posts: 3,014 ✭✭✭Monife


    If you are entitled to a share, you will spend most of it on legal fees trying to secure it.

    If you were both financially contributing to the household equally during your marriage and you both lived in a different house to the one you are trying to get a share in, you have little hope of securing a share now. If the father is living in the house you have even less of a chance, no judge will put on order on that house to be sold if it is going to make the father homeless just to give you some money.

    Now, if you and your ex-wife lived in the house together and contributed to the mortgage together, you would be entitled to something. But possibly only what you actually contributed.


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    #14
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Deedee3 wrote: »
    Am I entitled to property if my wife ,who I'm divorcing, has shared ownership with her father. We were together on and off for 8years, married and it lasted 2years.

    Living apart the last 5years, I'm in a new relationship and have a child from the new relationship

    All a bit vague OP, when did your ex get this property with their father? Before you meet, during or after? Did you live in this house and contribute to the mortgage or any other related costs? - Marriage does not automatically give you ownership of your spouse’s assets. If your name is jointly on the deed that it's pretty straightforward but if not then you would need to prove you contributed towards the property however its not 50/50 it would be based on the proportion you contributed.

    So unless you paid towards half the mortgage you aren't entitled to half. You must also show that your contribution was made with the intention of gaining a share in the ownership of the house and that you were not making a gift of the money to the legal owner of the house and given you were only married 2 years and been separated 5 so it will be tricky to claim anything unless you paid a huge chunk of the bills/mortgage off while together?


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