Republic of Ireland Law
Republic of Ireland Law Questions Answered by Experts
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.
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.
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