Republic of Ireland Law

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If a couple is separating and they agree to sell the family…

If a couple is...

If a couple is separating and they agree to sell the family home, but there is a Revenue Judgment against one of the spouses, is that judgment paid from that particular spouse’s share of the sale proceeds - or will the other spouse’s share also be liable?

Lawyer's Assistant: What steps have they taken? Have they filed any papers in family court?

Not yet. As far as I know that is imminent

Lawyer's Assistant: Family law varies by state. What state are they in?

Wicklow, Ireland

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Don’t think so. The spouse against whom the judgment has been issued has a long term illness following a stroke and is being cared for in a hospital. That may or may not be relevant.

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3/15/2018
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Buachaill
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1. Revenue debts owed by one spouse who jointly owns a property can only be satisfied from that spouse's share of the property. The other spouse who owns half the property cannot be made liable for the other spouse's Revenue debts. Essentially, this is because each individual is a separate entity in law when it comes to the discharge of debts. One spouse has no liability for the other spouse's debts because each is a separate entity in the eyes of the law despite being married.

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2. So, if you are separating from your husband, you cannot be made liable for his Revenue's debts. Similarly, your share of jointly owned property cannot be made liable for the discharge of your husband's debts. So, you will take your share in the property free of his Revenue debts as only he can be made liable for them.

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