Hi,
Just trying to get some hard answers on the likely financial Court outcome of my wife & my Judicial Separation.
I will get straight to the points, so this is not a too wordy and easy to read.
Just trying to get some hard answers on the likely financial Court outcome of my wife & my Judicial Separation.
I will get straight to the points, so this is not a too wordy and easy to read.
- We have 2 houses: Family home €500k valuation, mortgage €200k = +€300k wealth.
Other property, was a Celtic Tiger. Valuation €400k, mortgage still €600k unfortunately= -€200k negative wealth (rents out ok though). - I chose not to go on family home title deed or mortgage when we married, as I was worried my negative equity home may give us family problems for the family house, if I got underwater with it.
- Wife now stating in Court documents I’m not on the family home deeds and it is hers.
During 10yr marriage I also invested €120k in the family home for an extension, drive, etc over years which I can prove.
However, she will argue that whist its our biggest asset, is in her name and she has no money if Im looking a buy-out for one and does not owe me one.
( We both still live in the family home, separate rooms). - Cash savings: I have significant cash & pension, whilst my wife has maybe €10k.
She is now also trying to put a court freeze on all my savings circa €100k. - /
- Likely Court outcome:
I understand it is likely she keeps the family home and I do want this for the kids too is my preference.
However, it is a 5 bed/ 4 bath 3000 sq. Palace, and I do expect her to buy me out a small bit. She could easily do this with a mortgage increase – I am only looking about €50/€75k (my pension and other cash is now considerable). If it were a 50/50 asset split this seems like the maths of it and Im trying to make minimal for her. About €50k I would settle for and she keeps house. She wants no buyout payment and likely chasing my cash savings too. - /
- Worst case scenario in court & best case for me?
- Worst case- Is there a possibility she gets the 5 bed house to herself, no buyout for me & she even gets some of my cash savings?
- This worst-case risk is clearly a big concern for me, so I am considering now at putting some of my monies beyond reach or outside of my affidavit of means.
- My family lent me considerable funds in cash when I had no money 10+ years ago after the Celtic bust and are happy to swear an affidavit in court that it was a long term loan. My wife clearly does not believe there were any loans.
- Q. What Court outcome can I expect from a family loan like this is it was in cash?
Surely it is hard to prove one way or the other if it is sworn by both parties to the cash loan? - Q. If there are other assets that are undeclared, I don’t see any evidence from internet searching of Perjury in family law. I cant find any cases where during asset discovery assets came to light and the guilty party was convicted of perjury? (Not that Im doing this, but I don’t see any examples here or on the net of it & actual outcomes).
- Q1) Likely outcome when family home is worth a lot, but wife cash poor, husband cash rich/asset poor.
Q2) Court view on sizeable cash family loans, sworn by affidavits. - Q3) Any actual instances of perjury for undeclared or under declared assets in family law- not the ethics of it please. I cant find and have not heard of any..
- Q4) Expenditures in bank statements- has the court/wife’s solicitor any right to query past excessive money spent?
Surely its my own business if from my own savings account what I spent it on- its gone too? - Q5) Legal cost of it all- My wife pushing for court, I wanted mediation and settlement. Who is bank-rolling it all or likely to fund it all?
- /
You can see my concern that "cash-is-king", all assets are not treated equal and I will end up paying for her court case out of my cash reserves to enable her to retain the main asset, with zero buy out for me- the family palace herself- maybe with a new man living there within a yr too.
Myself, told to reside back in the negative equity, bedsit 2nd house that is not same spec or size. - /
- Hope this is clear. Tried to keep the complexities as brief as possible.
- Please be as clear as possible on any answers if ok. Actual experience, examples please to back up any statements or general views etc.
Appreciated, thank you.