Republic of Ireland Law

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Hi my name is Mary I have recently broken up with my fiance…

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Hi my name isXXXXX have...
Hi my name isXXXXX have recently broken up with my fiance whom I own an appartment with. We signed a co-habitation agreement when we purchased our property with our Solicitor, that in the case of a break up in our relationship each party was entitled to 50% off all our property and its contents worth. For the last few monthe I have been unwell and not working so was and still am unable to pay the mortage on our propety as Iam on illness benefit of £196 per week. I have moved in with my parents as my fiance "kicked" me out for not being able to afford the bills. I have simce applied for mortage assistance which will cover all my bills from next month I hope the documentatin will have been processed. Will I still be entitled to my share even thoug I was very sick? & Also he wishes to buy me out? Where do I stand with this decision? He is adament I recieve nothing as I was unwell and unable to pay the full mortage for the last 6 months. What are my rights?
Submitted: 8 years ago.Category: Republic of Ireland Law
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Answered in 21 hours by:
6/29/2010
Solicitor: Ronan, Solicitor replied 8 years ago
Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2,264
Experience: B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
Verified
If you look at the co-ownership agreement then you will note that it includes a clause in relation to both parties making equal contribution to the repayment of the mortgage and utilities. In failing to do this you breach the terms of your agreement and as such he can pursue you for this.

In reality what this means is that if it goes before a court either on grounds of contract or at equity he is will probably receive his share on a pro-rata basis of what he contributed. In terms of your receiving nothing again this is incorrect, you will receive similar to him what you put into the property on a pro-rata basis

You are under no obligation to have him buy you out but it may well be something you should consider if you have moved out already
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