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Ask Ronan Your Own Question
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2245
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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Ronan, myself and my wife are about to seperate/divorce.

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myself and my wife are about to seperate/divorce. We have 2 small kids. There is negative equity in the family home and will have to be sold. Im due to take early retirement in November after which I will have €100k in cash and a pension of €44k. I can afford to rent 1 house and pay all bills on that income with the kids living with me there but cannot support 2 homes. Will the courts demand that I allow my wife in there with the kids albeit I will then have no where to live? Im hiping to get another job but it might be difficult and certainly only sporadic. My wife has a part time job and there are no other assets.


If the property is in negative equity then the bank's consent will be required in relation to it's sale. If indeed it is sold the left over balance of the mortgage will have to be divided between you both in some manner

The Court will consider what is available within the marital assets. Its objective is to make sufficient provision for all parties considering the circumstances. Obviously one of the most important things in this regard is ensuring that both you, your wife and your children have somewhere to live. The Court will not require you to run the cost of 2 homes if you are not in a position to do it. They will require that your wife adjusts her lifestyle and contribute to her own upkeep. They may require you to make payments towards any property she might rent but they will certainly not leave you homeless in doing this
Customer: replied 4 years ago.



If there is nothing left after I rent a home for me and the kids, what happens?







The court will expect you with in reason to live within your means. Once there is no extravagance on your part. If their is little or nothing left they will make minimal orders in relation to maintenance etc
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