Ex partner looking for house to be sold

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BillieJean123

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I would appreciate any advice and will try and be very clear -
  1. House purchased in 2007 for 500K by both of us (not married)
  2. Separated 8 years
  3. Children (15&16) both live with me in the family home.
  4. I currently pay the full mortgage of 1400/month
  5. Maintenance is €500 per month.
  6. Approx €250K left on mortgage
This is my question - he now wants the house sold or to be bought out, which given my salary is impossible. He has got a solicitor involved so I know he is pushing for this.
I understand as we were never married I don't have much of a leg to stand on and it could be a case that a judge could push for a sale, and/or I could end up with massive legal fees.
I have engaged with a solicitor, and can honestly say I don't know how I am going to pay for his fees let alone further ones down the line. Also he advised to apply for legal aid, which I have done and can take months.

My question is - does anyone have any experience with this and advice as to what way it could go - more the 'not being married'...

Thank you, and apologies if the above is not clear?
 
I assume you mean child support rather than maintenance for you. Is this court mandated or just agreed between you? I assume this will continue until the children finish education.
How many years left on the mortgage?
 
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BillieJean123 said:
My question is - does anyone have any experience with this and advice as to what way it could go - more the 'not being married'...
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Given that you lived together for many years and have two children together, if this were to end up in court then, as regards property and financial questions, the court would have the same power to make orders regulating maintenance, property matters, etc as it would if you were married. So in your circumstances I don't think the "not being married" thing is going to be a big disadvantage for you.

In your favour:

- You and he own the house jointly but, because you have been paying the mortgage solo for (I assume) some time, you have paid more than half of the cost.

- You are living in the house with two dependent children of the relationship, who need to be housed and whose interests will weigh very heavily with a court.

Obviously the full facts aren't given in your OP, and obviously your ex would have considerations that he would point to. But, based on what we do have, I'd be very surprised if the court ordered the sale of the home. It's likely that the court would favour, at the very least, you staying in the home with your children until they have both completed their full-time education or turned 23, whichever happens first. That's a fairly common arrangement arrived at in situations like yours. If the house is sold at that point regard would then be had to the respective financial contributions made by you and your ex to the purchase of the house, which means that you should be in a position to push for the lion's share of the sale proceeds.

So don't lose heart. This won't be pleasant, but I think your position here is not as vulnerable as you fear.
 
Important point's to consider.

Whose name is the house in?
Joint tenants or tenants in common.
mullinstreacy.ie

The Difference Between Joint Tenants and Tenants in Common - Mullins & Treacy LLP Solicitors Waterford

If you buy a property with someone else, you need to decide whether you want to buy as joint tenants or as tenants in common. There are key differences
mullinstreacy.ie mullinstreacy.ie

Also in a similar vein whose name (s) are on the mortgage.
Any resolution that you aim for will need to be aware of the banks involvement in the outcome.

Finally regarding the separation.
Was it formalised?




I think it would be advisable that you too get legal advice pertaining to your circumstances.
 
Last edited:
For what it's worth...

Split up with EX. Can I buy him out?

Hi - looking for advice.. Myself and partner have unfortunately split up after 14 years. We are not married but have two young children. We bought a house together in 2017. (I also have an apartment I purchased in 2004 myself through an affordable housing scheme, worth about 300k with about...
www.askaboutmoney.com
 
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