Family home no children

Annonforthis

Hi, I know all situations are different but just wondering if anyone has been in a similar position and can give me an idea of what may happen. I am looking to end my marriage for number of reasons - no abuse or anything like that.

Married 7 yrs, I bought house myself 10yrs ago (we had been dating then split I moved back to where I'm from and bought house), we reconciled and then couple years later got married. We don't have children. I have solely paid mortgage payments and all household bills since beginning. I am bigger earner. He has worked on and off over last few years, when working he gave me €100 a week into my bank account as contribution. (in 7yrs marriage he has worked prob 4yrs total) He has not worked at all last year and half. He receives €203 week illness benefit.

So my query is twofold - re family home is he really entitled to 50% of it given above circumstances and could I also be ordered to support him financially in event of divorce? I also have a pension which I hear he would be entitled to also?
Thanks for any input

Dial Hard

No, he's not entitled to 50% of the house. He's entitled to seek a share of it but how much that is will be down to the court if you can't come to an agreement between yourselves. Mediation might be a good idea.

He is also entitled to seek maintenance from you and will most likely be granted it given the disparity in your earnings. Again, how much he gets will be down to the court but the upper limit is currently €500 per week, which is pretty eye-watering. And yes your pension, any savings, assets etc will all be on the table during this process. You'll have to furnish an affidavit of means which lists out all of your assets, liquid or otherwise, as well as all of your outgoings, and the court will make an order based on this.

Good luck with the process, it's not pleasant even when there's no wrangling over assets involved.

Annonforthis

[
quote="Dial Hard;115446518"]No, he's not entitled to 50% of the house. He's entitled to seek a share of it but how much that is will be down to the court if you can't come to an agreement between yourselves. Mediation might be a good idea.

He is also entitled to seek maintenance from you and will most likely be granted it given the disparity in your earnings. Again, how much he gets will be down to the court but the upper limit is currently €500 per week, which is pretty eye-watering. And yes your pension, any savings, assets etc will all be on the table during this process. You'll have to furnish an affidavit of means which lists out all of your assets, liquid or otherwise, as well as all of your outgoings, and the court will make an order based on this.

Good luck with the process, it's not pleasant even when there's no wrangling over assets involved.[/quote]

Thanks for reply, food for thought

jimbobjoe71

I would be worried that he's on illness benefit rather than the dole, the courts might view it differently. He might be able to claim that he is completely dependent on you, depending on his illness. Is his future earning potential hampered by this illness? Try mediation but also consult with a solicitor to know where you might stand. Divorcing a sick spouse can be costly.