Buying a house after seperation

sidney020

Dear members, I am looking to apply for a mortgage after living apart for over a year now but never legally separated.

1.Will the underwriter need an official agreement?

can the underwriter find out I have been married if I decide not to tell them about it at all ?

Or is there any other way to proof that I am separated by for example providing revenue documents which show tax being paid as a single/separated person.

I know its all confusing, even confused me more figuring this out.

Thanks guys any info is appreciated

Girl Geraldine

Don't buy a house until you are fully divorced. If you buy now, your spouse will be entitled to half of it.

Dial Hard

There's no automatic entitlement to half of anything in Irish divorce law. I have no idea why that idea is so engraineed. GG is right, though, that until you're divorced, your spouse will have the right to seek an interest in any of your assets. Whether they'd actually be granted anything is another matter but I certainly wouldn't be advising investing in anything as significant as a house while you're still legally married. And in the eyes of the law, that is still 100% the case. Get your legals sorted. As it stands, your spouse will automatically receive your pension, death-in-service benefit etc. should anything happen to you. They'll also be the one making decisions on medical care, interventions etc.

1) As said, don't buy until you've finalised your divorce (technically, she could still legally come after you after divorce although the courts appear not keen on making such awards - that said, we don't actually know because the court judgements are highly secretive)

2) It's quite impressive that you can get a second mortgage while having your name on the exisiting "family home". I certainly wouldn't have the income to do that.

3) More constructively, in 2022 Daragh O Brien announced changes to the law so that now separated/divorced people are viewed as first time buyers:

'You are a ‘fresh start’ applicant if you previously owned a home, but you no longer have a financial interest in it because:

• You are now divorced, separated, or your relationship has ended
• You have gone through personal insolvency or bankruptcy' [https://www.citizensinformation.ie/en/housing/owning_a_home/help_with_buying_a_home/affordable_housing.html]

So, don't buy anything until you've legally ended the marriage - forget about legal separation and go straight for the divorce (it's a 2-year wait so no point in paying twice). Then, act on purchasing your own home.

phormium

The lender will want an agreement in place to cover the Family Home side of the thing.

If you are suggesting you don't tell the lender you're married when applying them then it will crop up again with your solicitor when you are signing the legal documents, you will have to sign a declaration regarding marital status under the Family Home act so snookered there as well.

Best not to buy until you sort out the separation agreement.