Break up of unmarried couple with regard to house ownership

[Ting Tong]

Hi all,
I'm just looking for some advice with regard to my younger sisters current predicament and I'll try to make this as short as possible.

My sister and her boyfriend had a child a few years ago and with financial help of my parents they were able to buy a house approx 3 years ago for €280,000. Approx 12 months ago her boyfriend lost his job was paid redundancy. While he was out of work she paid mortgage, bills etc with little or no financial assistance from her boyfriend. At the turn of the year the relationship ended and he moved out of the house. The relationship remained amicable and there is no real animosity between them. My sister works full-time and the child is currently in primary school.Her ex looks after the child approx 1 or 2 days a week and my parents and family step in most other times so there are no child care bills. My sister has full time care of the child at all other times and still lives in the family home.

As my sister was paying the mortgage for the last 12 months I encouraged her to ask her ex to legally sign over the house to her as both names were still on the deeds.She recently got the house valued and its current market value is €230,000 but who knows the real value in the current climate.They initially took out a mortgage for €255,000 and there is approx €240,000 currently remaining. My sister has since received loan approval from her bank based on her current earnings for the remaining amount of the mortgage but €240,000 is the max the bank will give her.

The problem is her ex is looking for now looking for €15,000 payment before he signs the house over to my sister as that is what he reckons he's legally entitled to as that is what he put into the house before the split. This amount is obviously something my sister can not afford to pay.

My questions are

1. As they were not married what are my sisters legal entitlements with regard to the house?
2. As her ex is currently on social welfare is he legally required to pay maintenance even though my sister is working full time?
3. What are the entitlements of her ex boyfriend?
4.Is the legal route with a family law solicitor and family court the only option?

I know I am biased but this seems crazy that her ex would be entitled to any monetary compensation. My sister can prove payment of bills and mortgage repayments as they were paid through direct debit from her bank account from last July. My sister would prefer not to sell the house as the child is settled and she likes the area
neighbors etc. and she would also prefer to sort this out without going through the courts.

All advice would be welcome as after trawling through the citizen information website and some legal websites,information on the subject is thin to say the least.

Thanks in advance

 

[Thirsty]

I'm not a legal professional so this is not legal advice.

As they were not married, the property is not considered to be the Family Home within the meaning of the Act; neither she nor the children therefore have a right to continue to reside in the house.

If he contributed to the mortgage/bills/upkeep of the property then I would say that should it go to court he would most likely be entitled to a share of the equity in the property - however based what you say the current value is, the house is in fact in negative equity. Simple answer, sell the house; redeem the mortgage and she can purchase another property on her own.

If she doesn't want to do that; then the next best thing is to pay him off, negotiate on the amount, consider stage payments perhaps - a court case will cost a heck of a lot more.

He is only obliged to pay child maintenance, as they were not married spousal maintenance does not apply. She can apply to the district court for a maintenance order for a nominal amount as he is unemployed and then seek a variation if he gains employment.

 

[BJRsols]

1. As they were not married what are my sisters legal entitlements with regard to the house?

As said above, it is not a family home per se, and he is entitled to half the "equity" less anything your sister has put in. All about negotiations.

2. As her ex is currently on social welfare is he legally required to pay maintenance even though my sister is working full time?

Application can be made to district court for maintenance. This can be varied if and when he starts work

3. What are the entitlements of her ex boyfriend?

As 1 above.

4.Is the legal route with a family law solicitor and family court the only option?

No. You can also go to mediation. this service is free and you can contact them at the below

DUBLIN
St. Stephens Green House
Earlsfort Terrace, Dublin 2.
Telephone: (01)634 4320 Fax (01) 662 2339


All in all, as they are in a negative equity position, he should be paying her!! He said he has put in 15k, but what has she put in! It all depends how bad she wants the house unfortunately.

 

[Ting Tong]

Thank you very much for taking the time to reply...The information you have provided will be very helpful to my sister