Separation, House & Children

Worriedman2017 · 25-09-2017 9:01am #1

My wife and I have agreed to split after 5 years of marriage, we have 2 children under the age of 5. We are both living in the same house for the time being, as neither can afford a place of our own. I am not sure what the status of the home ownership is and what should be done. The house is solely in my name as I had bought it prior to meeting my wife. It's the kids home and all they know. Does anyone have any experience of what will work or what is the legal status of the home? Thanking you all in advance. One Very worried Dad and husband!

Another day · 25-09-2017 1:38pm

As you are married it is considered joint property. You need legal advice prior to separating. Do not move out!

davo2001 · 25-09-2017 1:40pm

The situation is that unless there was a prenuptial agreemen, she now owns half the house.

Worriedman2017 · 25-09-2017 3:13pm

Thanks guys.....worrying times.....why can't life just be easy??

Ken. · 25-09-2017 8:21pm

davo2001 wrote: »

The situation is that unless there was a prenuptial agreemen, she now owns half the house.

Prenups have no basis in Irish law. Not worth the paper they are written on. If you got divorced in Ireland today and in 10 years you won €1m on the lotto your ex could go to court to try get a piece of the action. No guarantee they'd get anything but they could try and would be heard by a judge.

Similarly if the ex died and had no next of kin you could be pursued for the funeral costs.

musefan123 · 26-09-2017 3:15pm

Worriedman2017 wrote: »

Thanks guys.....worrying times.....why can't life just be easy??

Yes, you are right. Nothing is easy. But the truth is, things will work out for you. It may take a while, and it may not be a fair agreement, but they will work out fine in the end. It’s a traumatic time for you, but keep your chin up amd try not to worry too much. You should go and see a solicitor when you get a chance, and it will give you a better idea as to where you stand legally.

Peregrinus · 28-09-2017 2:09am

davo2001 wrote: »

The situation is that unless there was a prenuptial agreemen, she now owns half the house.

This is not the situation. Not at all.

OP, you should talk to a solicitor, and not be relying on what you read here for advice on your legal situation.

You and your wife might also benefit from talking to a mediator, who will help you negotiate the terms of your separation and divorce. Anything that the two of you can negotiate together is likely to work better for you and your family than a solution imposed following a confrontational process, so this is worth exploring.

Henry Ford III · 02-10-2017 11:58am

The house would most likely be viewed as the "family home" I'd imagine.

In the circumstances your lot doesn't look overly positive OP. Sorry for the pessimistic view but the courts do tend to side very much with the wife and kids in a case like this.

Worriedman2017 · 02-10-2017 12:55pm

Thank you all

bored reader · 13-06-2019 5:13am

Worriedman2017 wrote: »

Thank you all

Hope this turned out in the best possible way for everyone.

Separation, House & Children

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