Social Housing for Divorced People

legalbee2020 · 15-09-2022 2:01pm #1

Asking for my daughter

my Daughter has been going through a really difficult divorce from her ex partner for the last 5 years , yes 5 years in Court and still nothing done !!

She has two children one with genuine special needs. Her Partner walked out on her 5 years ago and She is still in court trying to get fair maintenance , access and the dreaded property issue sorted.

He stopped paying the mortgage over 5 years ago , He has a new family now and he was given the keys to a brand new 3 bedroom house provided by the council outside of Dublin a short time ago

He rarely pays maintenance no matter how many time he is served legal letters or goes to court , the Judge always lets him away with his sob stories even though he has a great job and goes on Golf holidays 3 and 4 times a year!

Between Covid , & record number of Adjournments from his side and his legal team delaying & refusing to hand over his statement of means for over 2 years you can

imagine how stressful and frustrating the whole process has been

The whole process is a joke

mean while my daughter who works part time - raises two children , one with special learn difficulties, has to pay the full mortgage on their property as he refuses to take his name of the deeds

Can anybody explain to me how he was able to obtain a new 3 bedroom house from the council , I understand being the criteria of being on the housing list and not earning over 42k for a joint couple or single 35k

but i know for a fact he is and was earning much more money than this , plus I though it was impossible to obtain a new or 2nd hand council house if both parties had their name on the deed of a property

I suspect he has manipulated some housing application when applying for this property by either suggesting he lets her children stay over 2 or 3 times a week which he does not

I am furious about this and if i can prove this carry on in his statement of means I will report him to the council when there are so many decent single parent families and families in general who cannot rent or buy a property in this crazy market!

He has left her with with substantial mortgage to pay , lots of other bills and he barely pays maintenance let alone on time, and does the usual plays access games cancels on the last minute

He is your typical Narcissist , A guy who can bully a woman but when a man steps in his face he hides behind the police and courts a total Coward !!

the fact that's it a two bed property its now not suitable for her children as they are getting older

I know its virtually impossible to have somebody's taken off the deeds of a property but this cant just be the way it is

I understand She may have to sell the property and hopefully the property divide will go down to Ratio , he pays the mortgage and who puts more in to it etc

But the thought of giving this scum bag 100k is unreal and there is no way he should be getting a new council house with his partner a child when hes on another deeds of a property

If i have to go bankrupt myself I will this guy in every court in Ireland as anybody any experience with any of this

I hope to be posting a few questions in the next few weeks and I only recently discovered this forum

Thank you

legalbee2020 · 15-09-2022 2:10pm

If i can prove something illegal went on here the County Council will have to answer for it, and make no mistake about it , This wont go away, I will have a legal team waiting to pounce !!

surrender monkey · 15-09-2022 2:24pm

It is most likely that his new partner was already on a council list and didn't tell the council she was in a relationship. Once they get the foot in the door and sign the tenancy agreement they have a house for life then. All the new partner has to do to regularise things is to apply for h to be included on her tenancy. One of the stipulations in order to qualify for social housing support is that you can not have an interest in any property. After you have a tenancy however you can buy whatever property you like us long as you stay living in your council house. They obviously lied to the council however nothing can or would be done about it, it's too late now.

16-09-2022 10:57am

I would agree with surrender monkey.

The tenancy of the council house he now shares with his new partner is most likely in the sole name of his new partner. His new partner can then request him to be added to the tenancy at a later date.

(Though it would be interesting to see if he puts shared rent and utilities for that house down as lliving expenses on his affidavit of means.)

Just on the mortgage and deeds of the house he co-owns with your daughter - he legally cannot take his name of the deeds or mortgage without the consent of the Bank that holds the mortgage. That is not within his control, or the control of the Courts, but within the control of the Bank. And they won't do it because they want the debt covered.

To get his name off the deeds would involve the house being remortgaged by your daughter in her sole name, and I imagine she won't qualify on paper for a big enough mortgage on a part time wage, even though she is paying it. In the interim, his interest in the house stops at when he last contributed to the mortgage.

Montage of Feck · 16-09-2022 11:07am

It's always the absolute douchebags that can can seemingly cruise into a relationship at will, no matter what wreckage is behind them.

bcklschaps · 16-09-2022 11:07am

OP, maybe instead of bankrupting yourself with your vindictive quest to destroy your daughters ex husband, why don't you just give some of that money to YOUR daughter.

Let the courts deal with the ex husband, (if he has a case to answer)

Xterminator · 16-09-2022 11:51am

hi op

if you have evidence of wrongdoing present it to the relevant authorities. But based on what you wrote, you do not. you have suspicions. thats not the same thing. feel free to report him with what you do have.

You have got to let the poisonous resentment go. your daughter need to enforce the childs rights via court if he does not comply. that's a separate issue, and one you might be able to help her with by providing good legal representation.

Everything else, like how their relationship was etc, you need to let that stuff go. it will bring no benefit to anyone. Also, your daughter is an adult, who chose this man to have children with. maybe you don't want to hear that, but it is fact, and bad choices have consequences.

TLDR

1. help your daughter force this man to do right by his child by seeking a court order and enforce it.

2. Report any evidence of fraud.

3. for your own mental health, for your daughters mental health, for the sake of the child and their relationship with father, let the resentment go.

legalbee2020 · 16-09-2022 10:18pm

With Respect to bcklschaps & X terminator , your nonsense about poisonous resentment & a vindictive quest is laughable , you may or may not be the type of people who just sit back and do nothing when situations like this arise thats completely your own purgative

I have no intention of going bankrupt, I run a few successful business and I will tell you now , the only guy going to feel the pinch next year is this chump

I will bury this clown in every court inside and outside Dublin and I have information that the Council application was a joint application from the start

all will be revealed soon I guess ,. I just got news we are back in court in the next few weeks

his statements of means will want to be as clean as bibles for my accountants. all going well by march I will put such a financial choke hold on this guy he will be lucky to be able to apply for a Tesco club card.

There no stress or mental health issues on our side maybe his who knows

Widdensushi · 16-09-2022 10:38pm

Is this a wind up? If not you should respect the fact that people took time to give you good advice, narcissistic people thrive on attention, ignore him and try to live the best lives you can is the best for you and the worst for them.

16-09-2022 11:17pm

Your lawyers, your accountants? We are back in court soon?

Is this your daughter's divorce or yours?

Family court proceedings are in camera. YOU have no right to any information on this man, his income, where or with whom he is living now, or anything else to do with him or his new partner in connection with this case.

You need to be very careful you are not over-stepping some legal boundaries yourself.

...Ghost... · 16-09-2022 11:29pm

Stalking is now a criminal offense. If your daughter is struggling, you can use some of your successful business money to help her rather than burying her ex.

17-09-2022 11:43am

https://www.boards.ie/discussion/comment/119629036#Comment_119629036

Also worth mentioning, personal information (e.g. details submitted in a housing application) would be covered by GDPR / data protection laws.

If someone is supplying this type of information to others in an unauthorised manner, that would be a data breach, and they (and their employers) could find themselves with a case to answer and a heavy fine.

I wouldn't risk my job to supply anyone with personal data on anyone else.

surrender monkey · 17-09-2022 11:57am

https://www.boards.ie/discussion/comment/119628638#Comment_119628638

Look, with regards to the tenancy on the house there really is nothing you can do, once it's signed that's it. They have a tenancy with the council for life or as long as they need it. If they withheld information from the council there is nothing that can be done about it. This happens all the time.

Your energies would be better directed in helping your daughter free herself from this man through the divorce process. Also your daughter should not have to sell the family home until such time as the youngest finishes full time education if at all.. Property adjustment orders can be applied for from the court as well as pension adjustment orders. If you are wealthy why not direct your energies to a legal team, get the appropriate orders and if your daughter gets sole rights to keep the house you could help her pay off the mortgage and secure her and your grandchildrens future. Better that than wasting money on legal fees.

AndrewJRenko · 17-09-2022 5:52pm

https://www.boards.ie/discussion/comment/119628638#Comment_119628638

You have no legal standing in connection with their application for Council housing. If you have evidence of fraud that you got legally, you can give that to the Council and let them deal with it. If you have evidence of fraud that you got illegally, you'd be well advised to keep your head down.

Your only legal option would be to look for a High Court injunction, which would be extremely unlikely to succeed, and would cost you €30k to €50k down the drain. Is that really the best use you can come up for that kind of money?

Henry Ford III · 21-09-2022 4:17pm

There's a huge river of bile coming from the OP aimed at the daughter's ex. but with respect it's misdirected.

It'll be impossible to negatively affect the guy in the manner you're describing.

Stuff like Affidavits of Means are routinely more works of fiction than fact, but often they still can't be discredited.

My advice is to refocus your energy on positive steps to actually help your daughter rather than negative ones aimed at her former partner.

My experience is that the only people who always win in divorce cases are the legal profession.

CreadanLady · 17-10-2022 3:18pm

She could ease the burden on herself by only paying half, or a quarter of the mortgage.

The bank are highly unlikely to repossess if there is some part payment going on, or as long as the person is willing to engage.

Whats more, they are extremely unlikely to repossess and evict a single mother and 2 children. It would be bad publicity and they won't want to attract that.

Obviously, it would be best to negotiate a reduced payment with the bank. But if that is not possible, for whatever reason, then just pay half or quarter. Once you are paying something, anthing at all, and maintaining engagement you are pretty safe.

The repossession process is long, very long. And it is a long and expensive process for a bank to get a repossession order. Many days in court.

Social Housing for Divorced People

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