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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 11377
Experience:  Barrister 17 years experience
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The marital home is an inherited property from my parents.

Customer Question

The marital home is an inherited property from my parents. My husband and I signed the legal separation agreement in Dec 2017 which stated that I would give him a substantial amount of money to move out. Weeks have passed. My husband has €17k out of the pay off at beg of April to move out. No sign of him moving; what can I do to expedite matters.
Submitted: 9 months ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 9 months ago.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Expert:  Buachaill replied 9 months ago.

1. Dear Rita, essentially, you need your local Circuit Court to give directions pursuant to the Legal Separation Agreement you have a signed with a view towards its implementation. As part of these Directions, you should seek that he move out of the house as part of the continuing proceedings. Be aware that you will get this for the asking, as a Court will never force parties who are legally separated to continue to live together. Your husband is ignoring the fact you are separating and is behaving like a bug in a rug! It would have been better if your solicitor had insisted as part of the signing of the Legal Separation Agreement that he leave immediately, to avoid this Mexican stand-off situation with him wanting his money before he leaves.

Expert:  Buachaill replied 9 months ago.

2. Be aware that the court will not condition him getting his money upon him leaving the marital home. So, once you get the matter into court, he will have to move out.

Expert:  Buachaill replied 9 months ago.

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Customer: replied 9 months ago.
Thank you very much for your concise reply. You’re right about my solicitor; I’m very disappointed in him. My solicitor is now considering deducting money from the pay off for each day he doesn’t move. Is it easy to go to court please? Is it worth me sending a text to my ex (we don’t talk) insisting that unless he leaves the house within 2 weeks that I’m going to court. He is in debt already so it might work?
Expert:  Buachaill replied 9 months ago.

4​. Your solicitor is a clown if they think they can unilaterally deduct money which is lawfully your husband's. This is not good tactics as it only deepens the Mexican stand off. It is a straightforward matter to go to court. Essentially, you simply issue proceedings for a legal separation if you have not already done so and the matter then gets listed in court. However, your solicitor should file a Motion for Directions to put the issues, such as not leaving the house, before the court. I would also suggest you avoid antagonizing your ex. As you have to live with him, I would suggest you maintain cordial relations and avoid open warfare. Just get your solicitor to issue the papers and leave it up to the court.