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Advice needed

  • 04-01-2023 4:01pm
    Registered Users Posts: 27 magic123

    Hi guys. Advice needed regarding my current situation. I am divorsed ,45 years old,have son from previous marriage,currently living with my partner and her son for the last 2 years. I took mortgage and bought house year ago on my own. She invested a lot of money as house needed a lot of work. I thinking what the best way to protect her ?in the worst case scenario she would be left without nothing. Got advice to make a will and cohabitating agreement in case we decide to go separate ways. So whats the best way to go? any advice from you would be highly apreciated

    Post edited by HildaOgdenx on


  • Registered Users Posts: 6,410 ✭✭✭YellowLead

    I think the advice that you already received regarding making a will and entering into a cohabitation agreement is sound. Go talk to a solicitor and your partner will need to do the same.

  • Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 5,654 Mod ✭✭✭✭HildaOgdenx

    Mod Note - OP, I have moved your thread to Legal Discussion as it probably is more suited to it.

    Local charter now applies.


  • Registered Users Posts: 237 ✭✭phildub

    I'd imagine best way to protect her would be to put the house in both your names as joint tennants

  • Registered Users Posts: 22,078 ✭✭✭✭endacl

    A tenant? In a house he owns? The advice he seeks is clearly not a tenant of your noggin!

  • Registered Users Posts: 1,200 ✭✭✭Lenar3556

    ‘Joint Tenants’ in this case is a legal term to describe the ownership structure and succession rights to the property. It would be the typical arrangement in the case of a family home owned and occupied by a married couple for example.

    In this case the OP should seek independent legal advice. The consent of the lender in this case would be necessary to make any such change (and would not ordinarily be forthcoming)

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  • Don't do this. I'm all for "having faith" and "being positive" but you, as the man, will be the one threatened with homelessness until the kids are 23 if the issue of the house has to be resolved in a court. This is precisely what has happened me, and because the family law court judgements are so secretive you can be absolutely certain this is happening to many other fathers in Ireland. There are other ways of supplementing your income. The first five or so years will be financially tough but you will have your own home.

    Also, for the record, there are precedents in our courts for step fathers being compelled to pay maintenance for their ex's children. I really think you should pay the money for the specialist legal advice (plus 23% tax to maintain our glorious family law legal system!) because the law is savagely against men when it comes to what will quickly become the "family home". At the very least, it will cost you tens of thousands of euro in legal fees to extricate yourself from this if the relationship breaks down.