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Advice on home post separation

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  • 21-12-2019 11:24pm
    #1
    JimFlynn
    Registered Users Posts: 7 ✭


    I was together with my former partner for 8 years. We split and remained living in the same house for 18 months, she then left to move in with a lover. I remain in the family home. We were not married and have three young children , access has been 50/50. The house is in positive equity, I’m probably not in a position to buy her out. Her and her partner are in a position to buy me out but I want to keep the house and maybe in a position to buy her out in 18 months time.
    All advice welcome, as in how long would it be for them to get me out?


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    #2
    antix80
    Registered Users Posts: 2,419 ✭✭✭antix80


    Sell the bloody thing and move on with your life.

    Too much messing when something's the "family home"


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    #3
    JimFlynn
    Registered Users Posts: 7 ✭JimFlynn


    antix80 wrote: »
    Sell the bloody thing and move on with your life.

    Too much messing when something's the "family home"

    I would not be able to afford a property in the area, which is my home area and beside kids school


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    #4
    JMMCapital
    Registered Users Posts: 373 ✭✭JMMCapital


    JimFlynn wrote: »
    I would not be able to afford a property in the area, which is my home area and beside kids school

    Just rent... no need to own outright, just try get your finances together.


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    #5
    [Deleted User]
    Posts: 7,712 ✭✭✭ [Deleted User]


    JMMCapital wrote: »
    Just rent... no need to own outright, just try get your finances together.

    No way would I be stepping off the housing ladder. It’s almost impossible to get back on it.


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    #6
    Payton
    Registered Users Posts: 1,660 ✭✭✭Payton


    Happy Christmas OP, it's not easy having that hanging over your head. Is there a chance you can sit down with your ex and explain your plans to her if your relationship is good?
    Your in the home which is a good starting point plus you'll need the room for the kids.


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    #7
    JMMCapital
    Registered Users Posts: 373 ✭✭JMMCapital


    ReginaldSmythV wrote: »
    No way would I be stepping off the housing ladder. It’s almost impossible to get back on it.

    Would be worth it, why would you want to live with an ex specially if she brings fellas around? I’d be out the door move on...


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    #8
    JimFlynn
    Registered Users Posts: 7 ✭JimFlynn


    JMMCapital wrote: »
    Would be worth it, why would you want to live with an ex specially if she brings fellas around? I’d be out the door move on...

    She is out the house now, my real question is how easy is for them (her and her new partner) to legally force a buy out if I say I’m not into moving?


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    #9
    C3PO
    Registered Users Posts: 3,742 ✭✭✭C3PO


    JimFlynn wrote: »
    She is out the house now, my real question is how easy is for them (her and her new partner) to legally force a buy out if I say I’m not into moving?

    She will need to take you to court and get a judgement to force the sale of the house - that could take quite a while. However, if you are seen to be unreasonably preventing the sale there is a real possibility that her court costs will be awarded against you and these could be significant.
    I assume you are joint owners of the property?
    Her new partner has no role in any legal proceedings!


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    #10
    jimmycrackcorm
    Registered Users Posts: 14,329 ✭✭✭✭jimmycrackcorm


    C3PO wrote: »
    She will need to take you to court and get a judgement to force the sale of the house - that could take quite a while. However, if you are seen to be unreasonably preventing the sale there is a real possibility that her court costs will be awarded against you and these could be significant.
    I assume you are joint owners of the property?
    Her new partner has no role in any legal proceedings!

    The house is the family home. With kids involved t is not legal to force a sale of birth parents don't agree.

    Even if it is 50/50 access, it's still classed as the family home and is protected in law.
    The OP is lucky that he is staying there as normally the situation is the mother and kids stay in the home and the father gets sacred by the system.

    A judge had no latitude to force a sale in these circumstances.


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    #11
    C3PO
    Registered Users Posts: 3,742 ✭✭✭C3PO


    jimmycrackcorm wrote: »
    The house is the family home. With kids involved t is not legal to force a sale of birth parents don't agree.

    Even if it is 50/50 access, it's still classed as the family home and is protected in law.
    The OP is lucky that he is staying there as normally the situation is the mother and kids stay in the home and the father gets sacred by the system.

    A judge had no latitude to force a sale in these circumstances.

    I do not believe that you are correct (and I am in a pretty well identical position myself). My understanding is that, as the OP is not married, he does not benefit from the Family Home Protection Act. This is also the legal advice that I have received. I would suggest that the OP seeks such advice too!

    See below from Citizens Information:

    https://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/family_home.html


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    #12
    Payton
    Registered Users Posts: 1,660 ✭✭✭Payton


    Jimmycrackercorm is correct. The family home is exactly as it is, married or not. If you are living and contributing to the family home you are afforded the same rights as a married couple.


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    #13
    C3PO
    Registered Users Posts: 3,742 ✭✭✭C3PO


    Payton wrote: »
    Jimmycrackercorm is correct. The family home is exactly as it is, married or not. If you are living and contributing to the family home you are afforded the same rights as a married couple.

    I don't believe you are correct and, I said previously, I am in a similar position and have received legal advice to that effect!


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    #14
    JimFlynn
    Registered Users Posts: 7 ✭JimFlynn


    C3PO wrote: »
    I don't believe you are correct and, I said previously, I am in a similar position and have received legal advice to that effect!

    She can not personally afford to buy me out, but with her new partner can - I intend to make the case that such a move would dilute the inheritance due to my children and my ability to maintain during my custody periods. I also don’t think I have the protection of the Family Home Act but would be great if I did, currently seeking legal advice but it has not been clear cut provided to me on this issue yet.


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