# couple separating - does family home have to be sold?



## dubinamerica (5 Mar 2010)

if a couple separate will they be forced to sell the family home to ensure even split of assets? If one spouse has contributed more to household insofar as paying mortgage, bills etc, would they have greater stake in house? What about savings - how are individual and joint a/cs dealt with?


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## Bronte (5 Mar 2010)

It depends on the circumstances, you have not outlined the circumstances, who contributed what, if there are children, does one spouse need a house, does one spouse need the family home what are the assets etc.

Couples can also agree on the division amicably, less costly and nicer for everybody.


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## dubinamerica (6 Mar 2010)

both people worked throughout til recently but wife would have paid the mortgage via direct debit from individual account along with additional household bills. She  would have consistently had the higher income and would aim to remain in the house with the children (there are young children in the picture). Large mortgage still remaining and also some savings in joint account.  If separation not amicable what are the possible scenarios? Would it make sense for wife to use some of the savings to pay a lump sum off mortgage? Can she be forced to sell the home? Any recommendations for websites with further info? Thanks.


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## Complainer (8 Mar 2010)

dubinamerica said:


> Would it make sense for wife to use some of the savings to pay a lump sum off mortgage?


Defintely NOT, unless she has explicit legal advice from her solicitor to do so. She should not tie up her money in an asset where ownership may be disputed.


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## Bronte (9 Mar 2010)

dubinamerica said:


> both people worked throughout .


 
So both contributed and likely both own the house.  Where do you think the husband should live?  What would be the ideal situation

Let's take an imaginary scenario.  House worth 3M, mortgage of 1M no other assets both need home and both paid equally, house sold and each buy 1M home is probably what a judge would order.

House worth 300K with mortgage of 290K, young kids, most likely mother will stay in house with kids until kids have finished education but not necessarily will get ownership of house.

It always depends on the situation and great regard will be had as to housing the spouse who has young kids.

Your first port of call is a good family law solicitor.  You can try the citiziens advice for further information or post more concrete details on here.  You should look up previous posts on AAM.  MOB gave a link recently to an interesting divorce case and how the assets were divided up and how the judge received a decision.


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## dubinamerica (16 Mar 2010)

could husband be housed by the council or rent a house/apartment and if necessary receive some assistance with that payment?? Not sure if a person is eligible for that if their name is on a mortgage. 
In this situation there are v. young children involved and house would be more in the 250K/300K region with a mortgage still outstanding. The wife has been the main breadwinner and would expect to have children live with her. Some savings are in joint account and most had been earmarked to go towards mortgage at some stage, so concern that husband could access this money and spend in other ways. Also concern that there would be a 50/50 split although wife is the one that clearly contributed more financially..  Citizens information sounds like a good idea. If you happen to have a link to that case mentioned please post up or send it over to me. Thanks.


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## ramble (22 Mar 2010)

The outcome of Family law disputes is very difficult to predict.  Carol Coulter's book in which she reports cases before the courts in Dublin gives a very good idea of what happens in practice.  A solicitor practising in the area is really the only person who can give you advice as to the possibilties in your particular situation.  A CIC will most likely refer you to a FLAC solicitor if you cannot afford a private one who will in turn as well as offering reassurance and basic advice refer you to the legal aid board or a private solicitor


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