House sale

Dig all

Myself and other half own a house between us and have recently separated, I'm wondering can I now sell the house or can I buy out her share, and get her out of it.

AnRothar

Ae you married?

Are you getting divorced?

How long are you together?

do you have children?

Is it your primary/only residence?

Is their name on the deeds?

Is their name on the mortgage (joint mortgage)?

Depending on the answers it may be straightforward or not.

Buddy Bubs

https://www.boards.ie/discussion/2058369963/house-sale

You can do both with her permission and neither without it

Dig all

Sorry for not giving more information, we're not married nor have any kids, we're together 12 years, living in the house 5 year, and our both names are on the house as joint owners, we're also joint names on the mortgage, I'm wondering can I buy out her share of the house to keep it myself, or if she refuses what can I do to get her out of the house then, can I put it up for sale, any help appreciated

Buddy Bubs

I don't think you can do anything legally. If you think of it from both sides, she can't legally take your half of the house either or force you to move out if you refuse.

It's a jointly owned asset and a joint and several liability to pay the mortgage. Look this up, and see the consequences for both of you if mortgage is not paid in full it will affect you both.

You'll need agreement here from both sides and if one side dogs their heels in, the other side won't get what they want. You'll have to settle on something that is mutually agreeable. You'll have to communicate as business partners now if communicating as a couple is finished.

It won't matter who is responsible for the breakup either

AnRothar

With their agreement you can "buy them out".

But as indicated above You will also need the banks agreement as they currently have 2 people to hold accountable.

You will need to take out a new mortgage in your name only.

This should also remove their name from the title deeds.

This is the only way to ensure a clean break.

Do not simply keep paying the mortgage as leaving their name on it or the deeds could give them grounds for a share at a later stage.

Get legal advice specific to your circumstances.

Calahonda52

https://www.boards.ie/discussion/comment/122641790#Comment_122641790

OP, as above, especo=ially the comms piece.

or if she refuses what can I do to get her out of the house is harsh language when you need her agreement.

Cheapest way is to get an agreement which may be selling up and halve the pot.

Legals on both sides could run to 10k each if you start f-ing around

whippet

I've no idea what the relationship is like after the break up - but by the tone of your posts 'get her out' - i'm going to make an assumption that there isn't a friendly relationship.

I've a brother going though a similar process in a different country and there are kids involved; while the situation and legal jurisdictions are different what won't be different is that it will become protracted, messy and expensive if you can't come to a mutually satisfactory agreement together early on.

Forcing a sale or forcing one partner to do anything will more than likely make them dig their heels in even further.

Regardless - If i were you i'd be speaking with a solicitor if you haven't already engaged one

Peregrinus

Lawyer. Now. Do not waste time.

As others have said, the best way to resolve this is by agreement. If you don't get agreement you can go to court but (a) this will cost many thousands, (b) it will make feelings between you even worse than they already are; and (c) there is no guarantee that you will get the outcome you want, or even your second-choice outcome.

Go to a lawyer, pay for a consultation, lay out all the facts (including — and I cannot stress this enough — the facts that are not helpful to you; the facts that your partner will be laying out to their lawyer) and ask the lawyer to project how a court would most likely resolve this question, if it went to court. Right. That's your Best Alternative To A Negotiated Outcome (or BATANO, as they say in the trade).

Now talk to your partner and try to reach an agreement. Be willing to compromise. You know what will most likely happen if you can't reach an agreement — your BATANO — so anything you can agree which is better than your BATANO is a good result, from your point of view; a better outcome, and costing less money, than going to court would likely produce.

Calahonda52

https://www.boards.ie/discussion/comment/122648095#Comment_122648095

Just to repeat this VIP point

(c) there is no guarantee that you will get the outcome you want, or even your second-choice outcome.

Eg should the judge take a dislike to you or your partner's legal team put on a good show for the judge, you can get , a worse outcome can be the result

Peregrinus

https://www.boards.ie/discussion/comment/122648220#Comment_122648220

Their need not be any dislke involved, or any disparity in skill between the party's lawyers; your partner's case may simply a a better case than yours, or the legal principles that apply to disputes of this kind may not produce the outcome you want.

E.g. in this case the OP might wish the court to order that the OP can buy the partner's share in the property, but the partner might wish the court to order that the partner can buy the OP's share. The court has no particular reason to favour one member of the couple over the other and in a case like this is likely to order that the property be auctioned and the proceeds divided between the partners in proportion to their respective shares in the property. Each party is free to bid in the auction.

Or, the OP might want an order that he can buy out his partner's share by repaying his partner the total amount of deposit plus mortgage repayments that the partner has paid, but the partner might want to be bought out by being paid the market value of the partner's share in the property. In such a case the court would likely side with the partner.

Claw Hammer

The only available court order is an order for sale. Either party would be free to bid on it. If an application is made to the court it is possible there might be an agreement made between the parties as to what is to happen rather than a straightforward order for sale.

Peregrinus

https://www.boards.ie/discussion/comment/122660413#Comment_122660413

An order for sale is not necessasrily the only available court order. Because the property dispute here arises in the context of the breakdown of a cohabitant relationship that has continued for more than 5 years, it's likely that the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 applies, and the courts can make the same range of property adjustment orders that they could make in the case of a marriage breakdown. In that case the court has very wide powers — it can award the house wholly to one party or wholly to the other, or it can divide the house between then in any shares it thinks just; it can order the house be sold or order that it not be sold; it can award one party a right of residence in the house; etc.

Claw Hammer

https://www.boards.ie/discussion/comment/122662980#Comment_122662980

There doesn't seem to be any dependency between the cohabitees which would justify a family law type approach.

Peregrinus

https://www.boards.ie/discussion/comment/122663089#Comment_122663089

Over here they're discussing whether there's any point in marrying at all, given the fact that the relationship between cohabitees is so similar to the relationship between a married couple.

And it's pretty undeniable that cohabitees are mutually financially dependent; even when they are both earning a good wage, by pooling much of their living expenses they enjoy a materially better style of life than they would if each of them had to run a separate household. Which is to say, each of them is dependent on the other's earning to maintain their style of life.

In any event, it doesn't ultimately matter whether I think that or you thin that; the Oireachtas thought that back in 2010 and enacted the legislation that I mentioned, so these powers are available to the courts (and the courts do exercise them).

Claw Hammer

In the case of cohabitants the courts must look at the degree of dependence. That fact they save money by living together does not mean they are dependant on each other.