Return to the family home - rights?

BrokeDaddy

Hi

Hope everyone is well during this strangest of years! :-)

Going through separation and moved out of the family home three years ago. No history of abuse or anything like that, marriage ended on mutual consent.

I've been renting for three years which is breaking my heart (financially - approaching €2k a month in Dublin, luckily I earn a good salary as I also pay the mortgage on the family home as well as maintenance) and am considering moving back into the family home to save a deposit to buy myself.

Simple question - what are my rights here?

Still get on well with mum and very functional relationship for the kids' sake.

Ultimately want the home sold as there's significant equity in it, but unlikely to get that wish through the legal route as no doubt you're all aware.

Thanks for any thoughts.

Xterminator

Most advice is dont move out prematurely as it sets a status quo. You moved out for your undisclosed reasons, and it set the norm. Now changing the status quo can only be done fairly through consent. Is your partners consent likely? would it be practical . Is there a spare bedroom?

If you communicated the need to save a deposit and set a time limit eg 12 months of your living there, and if there is a spare bedroom for living arrangements , then it perhaps you could get your partners assent. if there are children you could play up the benefits of having your own home so that children can be catered to for visits etc.

But if you think you could 'assert your rights' and move back in to family without consent after years of separation you would be opening up a pandora's box.

Yuu need full legal advice. you are separated now 2 years and could get a divorce that provides you with financial certain.

How old are your children?

Would they understand that Dad moving back in does not mean Mam and Dad are getting back together? I think you have to consider the possible affects of you moving back in on them, first and foremost.

bertsmom

Hi OP sorry to hear of your current situation. My situation is that myself and my ex bought a house together and the relationship came to an end, he wanted to move in with his current partner so he moved out. I pay the mortgage on the house as I live in it and we mutually agree to sell at a future date we have both agreed upon. However we both still own the house so we have a set agreement he can move back in at ANY time and will resume paying half of mortgage and Bill's etc. I think that is the fairest option for all. It is after all owned by both so you should have full rights I would have thought. Surely that's only fair and decent as no previous abuse issue etc.
We do have a an agreement his new girlfriend or my boyfriend would not be ever living in the property to keep it as uncomplicated as possible when it comes to selling etc.

Pasteur.

Sounds like a bad idea aside from the fact your short of money

If she would allow it

I read on another thread that your ex doesn't work. Which leads me to ask, are you supporting her 100% or is she claiming One Parent Family Payment?

If she is, and you move back in, you will be considered cohabitating. and her payment would be stopped. You could find yourself with added financial responsibility that would most likely wipe out any savings you would make on not paying rent.

Just something else to consider.