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breakup of relationship, house selling options

  • 15-01-2022 1:58pm
    Registered Users Posts: 547 ✭✭✭ shillyshilly

    not for me thankfully, but friends of my parents have broken up (not divorced) and the house is a bone of contention..

    mortgage is paid off

    one has the means to live solo and hasn't lived in the house for years, while the other doesn't work and lives at the house on disability allowance.

    solo person wants rid of the house and cash for retirement... happy to go 50/50.

    person living there obviously doesn't and want 100%.

    can you partial sell to the council or something along those lines...

    I know, easiest option is to sell and disability person to move elsewhere, but that appears to be something that won't end too well...

    on the relationship note, say if they were to divorce, could it possibly be more detrimental to solo person?

    as crap a situation it is, I find it quite interesting from a problem solving perspective


  • Registered Users Posts: 4,563 ✭✭✭ Loueze

    Probably more appropriate to post on the Separation and Divorce forum.

    Any kids still in education?

  • Registered Users Posts: 547 ✭✭✭ shillyshilly

  • Registered Users Posts: 4,596 ✭✭✭ Xterminator

    They both own the house but only 1 person has the advantage of this asset. notwithstanding health issues etc, this is patently unfair.

    So the person in the house could rent rooms and give this as monthly income the other person, so that they get a regular income from their asset. then sell later & split the proceeds. Not split the income 50/50 the bulk of it should go to the partner who doesn't get any benefit from the asset - not the person living rent free.

    Otherwise sell the house now and the disabled person applies for social housing. Given the disabled person view that as the worst outcome, rent out a room or two and provide some benefit to the other person, who quite frankly is being taken for a fool.

  • Registered Users Posts: 547 ✭✭✭ shillyshilly

    I agree with all the above, and it has been explored. However, person in house wants to keep house and not move, but doesn't want anyone else there.

    I think person out of house feels sorry for person in house, and as the money isn't currently needed, is happy with status quo.

    However, this can't be long term. What would be the way of forcing a sell, if they are both "owners"?

  • Registered Users Posts: 4,596 ✭✭✭ Xterminator

    What would be the way of forcing a sell, if they are both "owners"?

    Divorce would be the legal mechanism.

    However for self help he/she could try moving back in & refusing to leave. As a co-owner he/she is entitled to do that. With him living his life on the house the other party may be more agreeable to a long term solution. But as long as they have the house to themselves rent free, why on earth would they agree to change the arrangements voluntarily to a less favorable arrangement?

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  • Registered Users Posts: 547 ✭✭✭ shillyshilly

    unfortunately, it's not an option. Person in the house has been known to bend the truth and allegations have been made previously....they also alluded that they would do what needs to be done to keep the house however way possible...

    so probably best for the other person not to set foot in the place.

    Divorce isn't on the cards either as there is lots of stuff to lose on both sides if it goes down that route....

    it's not a clear cut... hence the query of are they able to just sell their share of the house to the bank/council/whoever?

  • Registered Users Posts: 4,563 ✭✭✭ Loueze

    They can't sell without the consent of the joint owner. They can't sell just a share in the house either.

    They need to go the legal route and formally separate, and seek a property adjustment order be made in relation to the property as part of the separation/divorce. There really isn't any other option.

    No idea what way a judge would rule on this, given the person in the house is obviously not in a position to get a mortgage for another home. The only hope really is that their share of the equity after the sale would be enough for them to buy a new place.

  • Registered Users Posts: 547 ✭✭✭ shillyshilly

    that's sort of the conclusion I had come to... but others were suggesting different... hence the query