Family law involving sale of house

N

ney001

Registered User
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803
Hi

Query for a friend. Quick details as follows:

Separation in 2009. In 2010 agreement was made that wife would buy husband out of family home - the valuation on the house was €500,000 at the time with €300,000 equity. Agreement was €150k to husband with €100 up front and then €50k a year later. Now in the year the property dropped in value to below €300,000 and wife cannot secure further funds/mortgage etc to repay the €50k.

Question is - will a court look at the situation again and consider a new agreement i.e one where the 50k claim is dropped as it related to an older valuation or will she be held to the original judgment.

thanks in advance
 
Well....................

It all depends!

Was it a Court action or an agreement?

After that , starting point - can we take it that hubby wants his funds? Or would he be open to an approach to review? And were there other aspects of the deal that can or should be brought into the equation?

Best to resolve between them if possible.

mf
 
Sorry MF 1 should have been clearer

No - very bitter dispute and there will be no agreement or mediation. Decision was on foot of court action and hubby wants his money. Nothing else really can be brought into it as the house is the only asset - all other accounts etc were divided down the middle.
 
She has a chance. I don't think anyone could say for certain one way or the other.

If she does not try to get the Order set aside, she runs the risk of him seeking to enforce the original order. Possibly, trying to force the sale.

mf
 
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