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Ask Buachaill Your Own Question
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10944
Experience:  Barrister 17 years experience
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Hello my name is***** am married 5 years living together

Customer Question

Hello my name is***** am married 5 years living together 11 years we built a house together and are in it 9 years her father gifted her the site but it was never put in my name now we have separated and where do I stand she has her business and I have mine mine would be more successful is she entitled to some of it we have no children no children
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 3 years ago.
Buachaill :

1. Dear Cyril, the position upon divorce between a husband and wife is that "proper provision" must be made for each spouse upon divorce. This issue has held to be decided in the light of all the circumstances of the situation. But here the courts only have regard to the financial position of each. There is no issue of fault in relation to personal conduct such as having an affair. Such issues are irrelevant when determining the issue of "proper provision". In your situation where each of you have their own business is that each would be left with their own business. However, in relation to the house, it is most likely that it will be divided equally even though the site was originally put in your wife's name. As you will have contributed to the costs of building the house and the repayment of the mortgage you will be given a half share in the house provided there is no other property available to you to live in. The house will then be sold or one party will have to buy the other spouse out. Given there are no children, no issue of maintenance arises. Similarly as you are both self employed no issue arises in relation to pension provision.