What to do advise needed

Sootys · 30-06-2020 3:41pm #1

I'm currently going through a divorce and my solicitors want to organise a settlement meeting which will hopefully shorten the proceedings however they want me to buy out my ex which is impossible for me to do I don't earn enough to re-mortgage the home I have no savings and I wouldn't get a loan for the amount needed, does anyone have any advice?
I have never received maintenance for the kids he doesn't pay me a penny ( he doesnt work) I look after and pay for our children's needs myself with no help from him and he never paid towards the mortgage and the home is in my name alone as I purchased it before we met.
Any advise would be great.

KiKi III · 30-06-2020 3:43pm

Sootys wrote: »

I'm currently going through a divorce and my solicitors want to organise a settlement meeting which will hopefully shorten the proceedings however they want me to buy out my ex which is impossible for me to do I don't earn enough to re-mortgage the home I have no savings and I wouldn't get a loan for the amount needed, does anyone have any advice?
I have never received maintenance for the kids he doesn't pay me a penny ( he doesnt work) I look after and pay for our children's needs myself with no help from him and he never paid towards the mortgage and the home is in my name alone as I purchased it before we met.
Any advise would be great.

Buy him out of what? Your house is your own.

punisher5112 · 30-06-2020 3:46pm

Issues are he has a right to half whether he paid or not.

In most cases it's the other way around.

He definitely should be contributing and should have when you were both together.

Unfortunately you let him away with not and it's unfortunate that it's broken down and he has right to half.

Sootys · 30-06-2020 3:51pm

Yes buy him out of the home as he has rights to a portion of the equity of the home unfortunately, I cant give what I dont have or what I cant afford to pay and if ordered to sell the house myself and the kids would be homeless as I cant afford to rent anywhere I dont have a large mortgage monthly repayment and to rent somewhere would be double what my mortgage is and I literally struggle already to pay for everything as is I just about manage.

KiKi III · 30-06-2020 4:07pm

Marriage does not automatically entitle your spouse to assets held in your own name: https://www.citizensinformation.ie/en/birth_family_relationships/problems_in_marriages_and_other_relationships/property_rights_and_the_breakdown_of_a_cohabiting_relationship.html

Sootys · 30-06-2020 4:20pm

Unfortunately as we have children its is seen as the Family home and he maybe covered under The Family Home Protection Act 1976 which may entitle him to some form of payment, this is what my solicitor tells me anyway, its just not feasible for me to do and if I dont I've been told it may become a lengthy battle which will cost me loads in solicitor fees and a Judge may award him something any way, I just don't see a way out of it, bare in mind this man does not pay any contribution to his kids I pay for everything.
I'm hoping that if I say I wont pursue maintenance that no payment will be made to him from the house and settle it that way

XsApollo · 30-06-2020 6:13pm

Well if you can’t afford to buy him out how do they expect you to?
You don’t have the means to buy him out.
If your kids are young then no judge is going to make you sell to give him his stake.
Kids are priority.

30-06-2020 9:35pm

XsApollo wrote: »

If your kids are young then no judge is going to make you sell to give him his stake.
Kids are priority.

Can they not order the sale of the house, proceeds to be split whatever way and each person buys a cheaper home?

punisher5112 · 30-06-2020 10:20pm

[Deleted User] wrote: »

Can they not order the sale of the house, proceeds to be split whatever way and each person buys a cheaper home?

No as how would one buy a cheaper one if for example it's a cheap property as it is.....

XsApollo · 30-06-2020 11:05pm

[Deleted User] wrote: »

Can they not order the sale of the house, proceeds to be split whatever way and each person buys a cheaper home?

They are not going to make the children homeless, not unless your talking serious money.
Number one priority in all divorces and Separation when there are young kids involved is the welfare of kids.
Not a hope they will sell the kids home to pay off the father.

XsApollo · 30-06-2020 11:14pm

Has your husband requested or staked a claim to his right to share in your property?
Or is this your solicitors idea?
Your in Ireland ,a Mother with young kids working full time, while he has never made any contribution or worked and doesn’t contribute the kids upbringing and your solicitor thinks it’s a good idea to pay him off.

You need a new solicitor.

I wouldn’t be surprised with the right solicitor that he will end up paying you maintenance for the kids out of his dole.

Sootys · 01-07-2020 11:19am

XsApollo,
No he hasn't requested a claim to the property that I know of , I'm presuming my solicitors are anticipating that he will.

XsApollo · 01-07-2020 12:49pm

He doesn’t have a hope in hell getting anything off you as long as your children live there or are in education.

I’d get a second opinion from another solicitor.

What to do advise needed

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