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Divorcing PPR and child maintenance

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  • Registered Users Posts: 99 ✭✭rowantree18


    Yes



  • Registered Users Posts: 4,482 ✭✭✭jj880


    So he had to pay the mortgage until completion and wait 21 years for the chance to go to court to force a sale?



  • Registered Users Posts: 503 ✭✭✭dickdasr1234


    This the reason nobody should bring a serious issue to boards: clueless idiots giving their tuppence worth.

    Get proper legal advice!



  • Registered Users Posts: 475 ✭✭delusiondestroyer


    Everyone already knows the "proper" legal advice and outcome it's a foregone conclusion.

    If he goes that route he will absolutely be paying for the house for the foreseeable future and maintaining her lifestyle.

    The cats and dogs on the road know full well what awaits him in court.

    So screaming "get proper legal" advice isn't the winner you think it is. He's just gonna pay a solicitor to tell him his financially fucked for the next 20 years. And will most likely be couch surfing at his parents.

    Infact his already been to a solicitor and still came here for advice. That says it all.



  • Registered Users Posts: 503 ✭✭✭dickdasr1234


    Hehe, yeah, that's boards alright 'everyone already knows'.

    They know everything on here off the top of their heads.

    And the bitter, twisted advice you gave? Where can a half-decent human being go with your advice?

    The man is between a rock and a hard place.

    Living with his parents is not a long-term proposition?

    Financially-speaking he has little other option.

    The courts (in my personal experience, and in the words of my legal rep at the time) do not care if you have to live under a bridge, as long as you meet your obligations to your family as deigned by the judge.

    Ranting and raving about infidelity or injustice does absolutely nothing to help his cause.

    Cold hard facts might. He's unlikely to get them here.



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  • Registered Users Posts: 475 ✭✭delusiondestroyer


    Your whole post is a contradiction.

    If holding someone accountable and outting a disgrace of a person is bitter and twisted then we're in trouble lol

    You laugh at people saying the out come is a foregone conclusion only to tell him "the courts don't give a **** where the man lives or how he gets by" lol

    My advice might not be by the book but I would not under any circumstances pay financially to put a roof over a cheaters head, regardless of what it took, I'd support the children no problem I'd work night and day to do it but I'd burn the money before I'd give the cheater a cent. And there isn't a court in the land that could make me do otherwise. They could jail me forever more I still wouldn't give the cheater a cent.

    The cold hard fact is if he goes to court and complies to there will be will be financially ruined while she is rewarded with a house and payment for her wrong doings. FACT

    But submissive humans like yourself will always bow to that believing they are better off taking the "High road" 🤣 come back to me when you find a place that accepts morals as payment. Enjoy your life of indentured servitude.



  • Registered Users Posts: 2,914 ✭✭✭littlevillage


    The OP is in a tricky bind and needs good legal advice from an experienced professional and probably needs to go to family law court.


    The most any of the rest of us can do here is learn from his mistakes.


    I think we are all agreed that he should not have moved out of the family home. He was paying the mortgage and had every right to stay. I know he was on the couch but he should have fixed up a spare room (take kids room etc.). By moving out he has considerably weakened his negotiating position and allowed the wife to bring her new partner in.

    For all those blokes who own their own houses and are thinking of moving their lady friends in... Rent/mortgage free, DON'T!!

    Also ALWAYS keep a secret bank account/stash of cash.... call it your "running away" money. Some day you'll need it.



  • Registered Users Posts: 99 ✭✭rowantree18


    Yes, it's not straightforward. She showed she'd put on an extension etc, there's all kinds of permutations. It doesn't automatically get sold overnight. He had to go to court and got 200k . House worth 600k 5 years ago, more now



  • Registered Users Posts: 2,285 ✭✭✭Ezeoul


    The OP has already confirmed that his ex-wife's new partner has not moved in with her. The man has his own house.

    (Also, the OP himself has a new partner).



  • Registered Users Posts: 4,482 ✭✭✭jj880


    That's grim.

    Its good to have a real world example for Ireland in this thread.

    Some facts instead of cherry picking from posts and dodging questions trying to cod everyone that divorce in Ireland is not biased against the husband.

    It most certainly is.



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  • Registered Users Posts: 1,632 ✭✭✭the.red.baron




  • Registered Users Posts: 932 ✭✭✭Tomw86


    Looking at this very high level - is it not within the OPs right to sell the house if it is solely his name on the property? If so that would be the route I would go down. Your kids won't be out on their own as it will leave you in a better position financially (50% min equity from home and less salary handed over) so that you could potentially provide somewhere better to have them on your days/nights.

    Also, I have been down this road before although thankfully no kids with the ex. We had a legally binding seperation agreement drawn up by a solicitor a few months after seperating so I would explore this option - it can go in to as much detail (including future pension contribtions) or as little as you want. Will be cheaper doing this in the interim period prior to divorce and then after it is signed engage an estate agent to sell the home (I did not need to do this as house was joint so we agreed to sell and split the equity 50/50).



  • Registered Users Posts: 1,632 ✭✭✭the.red.baron


    its biased in favour of the kids and therefore the primary caregiver

    if the roles were reversed, the outcome could be the same

    The real issue here is that the cost of housing means its almost impossible to split the house



  • Registered Users Posts: 932 ✭✭✭Tomw86


    But can the OP legally sell the house, even if he has to split the 'gained' equity with the cheater?



  • Registered Users Posts: 1,632 ✭✭✭the.red.baron


    she has to agree to it of course

    the kids need to be housed.



  • Registered Users Posts: 2,285 ✭✭✭Ezeoul


    No, he can't sell it out from under her. Once the OP married, the property became a marital asset and is protected by the Family Home Protection Act, 1976.

    Hence the reason why some of these laws were put in place - to prevent exactly that kind of thing from happening.



  • Registered Users Posts: 932 ✭✭✭Tomw86


    Thanks for the clarity on it and of course it makes sense.

    If the OP is better off and can house the kids himself by selling the house then surely this would be an argument put to a judge to allow it. In any case I would have stayed in the house but you can't mess with your mental health which the OP noted was not good when he did stay.



  • Registered Users Posts: 2,285 ✭✭✭Ezeoul




  • Registered Users Posts: 2,285 ✭✭✭Ezeoul


    Yes, he can definitely put the argument for the sale of the house in front of the Judge for consideration.

    5 years from now, even 2 years from now, both the OP and his ex-wife could be in very different places. The OP doesn't say what age bracket they are in, but both have new partners, and life has a way of moving on. He may move in with his new partner (or someone else) and she may move in with hers (or someone else).

    There is nothing yet to say the OP is going to be stuck living permanently at his parents and paying the full mortgage for the next 20 years.

    Destroying his credit rating now as some would suggest he do, would not be a smart move for his own future chances of buying another place - either by himself or with someone else.



  • Registered Users Posts: 475 ✭✭delusiondestroyer


    He doesnt have to sell it, he simply has to stop paying for it the bank and the other laws will do the rest, its worthless to him now anyway its technically a financial drain and would be in his best interest to let it go to the wall. Atleast he wont have to pay a mortgage for her and he can use the money he'll save to house himself and the kids. Let her go shack up and leach off the new lad seeing as he has his own house.

    Once he has all his other assets and money secured so it cant be touched he simply has to refuse the court and wait it out, she will have to get social housing when the bank take the house from under her and he will be free of the mortgage payments. Be alot less painful than having to pay for her house for the next 20 - 30 years.

    Altho something tells me he wont be foolish enough to let her inside the door and will toss her to the kerb once bored of her.

    There should be laws brought in to allow the forced eviction of someone proven to have committed adultery, it should be heavily punished for the damage it causes families.



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  • Registered Users Posts: 4,482 ✭✭✭jj880


    Would be interesting to see some stats on how often the father ends up being the primary care giver instead of the mother.

    I think we all know the answer to that.

    That bias then transfers toward the primary caregiver just like you say.



  • Registered Users Posts: 475 ✭✭delusiondestroyer


    Read somewhere before its like in 95% of cases the mother will be awarded the family home and primary care giver on the assumption she will be the better parent.... Says it all really anyone here arguing the system works and is unbiased is clueless or biased themselves.



  • Registered Users Posts: 4,482 ✭✭✭jj880


    Sounds about right.

    Soon you will have posters on here testifying that if the judge decides then its all grand. Definitely no bias there! 😂

    I think this thread is cooked. No need to post anything further.



  • Registered Users Posts: 13,528 ✭✭✭✭Dial Hard


    There are manifold historical, cultural and social reasons why the primary caregiver tends to be the woman. That's probably a discussion for another thread, if not another forum altogether, though.



  • Registered Users Posts: 51,652 ✭✭✭✭tayto lover


    (50% min equity from home and less salary handed over)

    I think this is incorrect. I was told by someone who was in the same situation years ago that the money from the sale of the house goes -- one-third to the wife, one-third for the children and 0ne-third to the husband.



  • Registered Users Posts: 932 ✭✭✭Tomw86


    Thanks for the real world example on that - I wasn't sure on it myself. Still would be much more beneficial to him to do this and then save mortgage payments each month, that is assuming the house is in positive equity.



  • Registered Users Posts: 2,285 ✭✭✭Ezeoul


    How many fathers go to Court actively looking for a 50:50 share of custody?

    Or how many fathers were perfectly satisfied with their wives or partners taking care of the vast majority of the hands on child caring responsibilities, up until separation reared its ugly head, and then suddenly they want their kids lives split down the middle?

    Or, to be as cynical as some on this thread are - how many men only look for 50:50 custody in the event of a separation because they don't want to pay child maintenance to their ex-partners?


    In the vast majority of cases, it's usually the mother who IS the primary caregiver. It is most likely the mother who takes time off when the kids are sick, or goes part time so she can pick up the kids from school or even gives up their career entirely to take care of the children.

    If men want this imbalance to change, then they need to start taking on more of the hands on parenting BEFORE their relationships fail. Not after.

    Parental leave, Parents Leave, flexible working options, part time options - these are all options available to men as well as women. So why aren't men taking them up?




  • Registered Users Posts: 475 ✭✭delusiondestroyer


    Whats that got to do with, in this case a woman cheating? why should she get anything when she has proven herself to be a vile character ?

    The truth is if a woman gets bored of her marriage she can just cheat and take all her partners assets, his life will be in ruins and she gets to continue on with her life as normal and 0 repercussions, because she knows the system is completely biased and will hander her a living on a plate.

    To quote one poster "The courts dont care if you have to live under a bridge so long as the women and family are taken care of" seems very considerate and unbiased...

    The system is broken there is no arguments to be made otherwise end of.

    Ill say it again OP should be doing his best to protect all his assets from corrupt court proceedings while undermining her position as much as possible for his kids sake and his own.



  • Registered Users Posts: 18,006 ✭✭✭✭rob316


    OP should never have left the house and now that he has should stop paying the mortgage.



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  • Registered Users Posts: 2,285 ✭✭✭Ezeoul


    What the poster you misquoted actually said was:

    "The courts (in my personal experience, and in the words of my legal rep at the time) do not care if you have to live under a bridge, as long as you meet your obligations to your family as deigned by the judge"




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