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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Family Law
Satisfied Customers: 8304
Experience:  Dual qualified Solicitor and Attorney
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I am looking to seperate from my husband. We have three

Customer Question

I am looking to seperate from my husband. We have three children ages 10, 9 and 8. We live in a house valued at 600,000 (although looking at house prices in the area I think the more realistic value is 550,000). The house is in south Dublin. We have no other assets. There is 8 years left on our mortgage. I am unsure of the exact amount. We pay around 1500 per month. My husband is due approx 50,000 from the sale of his deceased mother's house (going on house prices in that area) however they have not yet sorted out selling the house (his mother is deceased 5 years). I earn 3166.46 per month after tax. My husband earns slightly more I think about 3200.00 a month. My question is would it be feasible for me to stay in the house until the youngest child reaches 18? I would like to minimize the disruption to their lives if possible. Or will we have to sell the home? Both of us work within 15 minutes of our home. My husband is from Wexford and his mother's home is in Wexford so he could possibly move back there where house prices are cheaper. My husband is emotionally abusive and I want to look at my options before I decide to tell him.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No
JA: Have you talked to a lawyer about this yet?
Customer: No
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't think so
Submitted: 14 days ago.
Category: Family Law
Customer: replied 14 days ago.
I would really like to know what my options are. It would be difficult to buy a home within 5km of the area where my children have spent most of their lives. Would we have to sell the home to house my husband. Also what are the custody entitlements? I apologize for asking so many questions.
Expert:  Virtual-mod replied 14 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 13 days ago.
Will I get a refund?
Customer: replied 13 days ago.
I'm ok continuing with the search
Expert:  Jeremy Aldermartin replied 12 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Expert:  Jeremy Aldermartin replied 12 days ago.

Has your husband inherited his mothers house alone or do others have a claim on it too?

Customer: replied 12 days ago.
His two siblings will share the proceeds equally. The going rate for houses in the area is about 175000. Currently his father who was estranged from his mother is occupying the house.
Customer: replied 12 days ago.
I am unable to take a call right now. I also have the possibility of selling part of our back garden as a site to raise capital for my husband if necessary.
Customer: replied 12 days ago.
We also have over 140000 left on our mortgage.
Expert:  Jeremy Aldermartin replied 12 days ago.

I see, well given your main asset is the family home it is very likely this will need to be sold to provide suitable housing for you both within the assets available. The idea of the primary carer staying in the family home until the youngest child is 18 is generally long gone apart from cases of high net worth and ultra high net worth individuals where they can afford to have two houses for both parents. In your case that combined with the £50,000 inheritance would amount to £460,000 or £230,000 each assuming the main house sells for £550,000 and after the mortgage is paid off, it may be you will both need to get mortgages to meet the purchase price to stay in the area but you both have very good after earning income so should be able to cover any mortgage requirements.

I trust this assists you in understanding your position however, should you have any supplementary inquiries, do not hesitate to ask and I will look to clarify or expand on my previous response.

Expert:  Jeremy Aldermartin replied 12 days ago.

I trust this assists you in understanding your position however, should you have any supplementary inquiries, do not hesitate to ask and I will look to clarify or expand on my previous response.

Customer: replied 12 days ago.
Thank you very much. It clears up any idea I had of possibly retaining the house but at least I know where I stand. Would it be possible to delete this from your site in case it is seen. Have a lovely weekend
Expert:  Jeremy Aldermartin replied 12 days ago.

Happy to help. I have no control of the website so please contact customer service and they can remove it I believe: https://www.justanswer.co.uk/help/contact-us?mkwid=s_dc&pcrid=431217117249&pkw=%2Bjustanswer%20%2Bcustomer%20%2Bservice&pmt=b&plc=&cmpid=9867821707&agid=99093783734&fiid=&tgtid=kwd-393916888724&ntw=g&dvc=c&r=ppc|ga|5|9867821707|99093783734|&gclid=Cj0KCQjwnueFBhChARIsAPu3YkQfRcIQe6eEPdvu_N5LdsiSWNS7_vKxlt46Q0F5kX5yWx3vc92N-8kaAsizEALw_wcB

I trust this assists