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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10540
Experience:  Barrister 17 years experience
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I reside in Australia but am home in Northern Ireland on

Customer Question

Hi
I reside in Australia but am home in Northern Ireland on holidays. My ex husband lives in Northern Ireland.
I have a property with my ex in Dublin. It is in both names. My ex husband stopped contributing to the mortgage last Oct so I am covering 11,000 euros per annum in costs alone as property is in negative equity to the value of 200,000euros.
I have send a solicitors letter from ROI to my ex asking that he makes a contribution which he laughed at as he says he has no obligation as he doesn't live in ROI.
What are my rights?
Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. Firstly, be aware that as the house is in the Republic of Ireland and you are no longer married, the common law rules as to ownership apply which means that each party to joint ownership takes a share in proportion to their contributions to both the purchase price and the repayment of the mortgage. Accordingly, your current 11k contribution goes directly towards creating an interest for you in the property. Your husband doesn't automatically benefit merely because his name is ***** ***** title deeds. So don't think you are being done out of half the mortgage monies. Secondly, whilst the property is currently in negative equity, be aware that this will not always be the case. The ROI is growing at 4% per annum and property prices have risen 20% in Dublin this year. So although, things might seem bleak, this will not always be so.2. Thirdly, be aware that you can have the property sold at any stage you wish. Your ex will not be able to block a sale. Essentially a court will not lock you into ownership if you wish to sell. So consider your options. I will answer any further queries you may have.
Customer: replied 2 years ago.
What are my rights regarding requesting payment from him? Does it need to come from a solicitor in Northern Ireland? Will this stand if property is in the south?
Expert:  Buachaill replied 2 years ago.
2. There is no difficulty in you enforcing payment and getting judgment in Northern Ireland against your ex for the Euro amount of half the payments you have made. However, be aware that your ex is likely to have the place sold if you take this course of action. So you should really consider whether you want the place sold or not. It makes no difference to the recovery of the debt that it might arise in relation to a property in ROI. You can sue in NI for a debt which has arisen in ROI if the person who owes the money lives in NI. These things are now straightforward.