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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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I have recently separated from my husband / 4 weeks gone.

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I have recently separated from my husband / 4 weeks gone. Prior to the separation we were going to sell the original 2 bed family home as we have been living in larger rented accommodation for the past 9 years due to a growing family and my work requirements. It was agreed he would stay in the family home for the moment for the benefit of the children as it is only 10mins away. He has since arranged for a lodger to rent a room in the family home without my permission. Is he within his rights to do that??
Customer: replied 1 year ago.
Please be aware that we live in County Wicklow, Republic Of Ireland / Area Of Law.
Customer: replied 1 year ago.
The Family Home is in both our names and he was the main breadwinner.
Customer: replied 1 year ago.
My concern as regards ***** ***** lodger is my children being in the house with a stranger. As I am sure you can appreciate this is basic child safety....police vetting more important than previous landlord references. As well as that, the potential lodger is a female. Despite me having told him on two occassions that I do not approve of a lodger in the house, he has ignored me and has organised same. A friend has informed me that during a separation children are not to be introduced to another female whether girlfriend or flatmate for a period of 6-9 months from beginning of relationship. Could you please check this for me also.

1. Firstly, whilst I appreciate your concern about your husband renting a room to a lodger, there is nothing in law which prevents him from doing that. The only requirement the law imposes is that this money he receives forms part of the earnings from which child maintenance and spousal maintenance be calculated. However, the law does not intervene to prevent someone renting out a room to a lodger.

2. Secondly, the law does not intervene to prevent your separated husband from having relationship with another female whether a lodger or another person. Each spouse is free to associate with whom they want, so long as the person does not have a child protection order in place in relation to them arising from a sexual crime or allegation. There is no rule of law that 6-9 months must elapse before either party introduces the children to another female or male.

3. I would advise you to see a solicitor and to get legal separation proceedings in train. In that way, any agreement to sell the former family home can be implemented and you can move on with your life.

4. However, be aware that this will primarily deal with the financial matters arising from a separation. Issues such as who lives where and with whom are not matters within the province of the law. That is something each party decides for themselves, now that they are separated.

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