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Ask Buachaill Your Own Question
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10458
Experience:  Barrister 17 years experience
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I have an outstanding debt jointly with my ex husband, (he

Customer Question

Good evening
I have an outstanding debt jointly with my ex husband, (he does not live in Ireland) with AIB amounting to €130,000.00, this relates to a property, that was sold in December 2013, they are pursuing me for outstanding amount, which I do not have.
I am not on a big wage, I work a 4 day week due to health problem.
I 've told them, at time of sale, I wasn't in a position to pay mortgage as my ex collected the rent.
Have you any advise for me.
My family home is mortgage free.
Kind regards
Anne
Submitted: 10 days ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 7 days ago.

1. Dear *****e, I appreciate your frustration with this situation and the fact your ex has behaved reprehensibly in putting his business into liquidation to avoid paying what was due to you. However, the first thing you should realise is that half the rent which was earned on the property belongs to you and you can sue your ex for these monies. In law, he was not entitled to withhold half the rent monies from you as you owned half the property. So, here, the first manouvere you should undertake is to institute proceedings against your husband seeking an account and delivery up of the rental monies which are your property. To avoid the statutory time limit you will have to allege there was fraud on his part in withholding the rental monies from you as there is no time limit on fraud.

Expert:  Buachaill replied 7 days ago.

2. Be aware that your ex cannot use the fact of a divorce to withhold the monies from you as this is a matter which is separate from the family law proceedings. Additionally, while you are suing your ex for the rental monies he withheld from you, you should sue him for half the 130k which is outstanding to AIB bank. In law, he has the joint liability for this sum with you and you should collect it from him and pay it over to the bank. Ultimately, your aim should be to collect more than 130k from him, even if you have to employ lawyers in the country he is currently and then pay this over to the bank, putting an end to them harassing you. Be aware that in law, where there is a mortgage, there is a liability under Irish law to pay off all the monies owing even after the property subject to the mortgage has been sold.

Expert:  Buachaill replied 7 days ago.

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