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F E Smith
F E Smith,
Category: Republic of Ireland Law
Satisfied Customers: 14314
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My husband and I own a site in a foreign country. I agreed

Customer Question

My husband and I own a site in a foreign country. I agreed to it as it was his long held dream, and we have paid the mortgage with joint family income, although he might maintain that he paid it, even though I have been the sole income earner for over a year. I no longer want to build there and I want to sell the site. I am sure he won't agree. Can my husband be compelled to sell, and am I entitled to half the proceeds? I don't agree with the way he spends money, and never have - but now that I'm the earner he doesn't get the final say any more.
Submitted: 14 days ago.
Category: Republic of Ireland Law
Expert:  F E Smith replied 14 days ago.

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

which country?

and nothing has been built?

who is paying for the mortgage on this?

Customer: replied 14 days ago.
Mauritius. Nothing has been built. We have always paid for everything together without specifying who worked for it. This applies to the mortgage too.
Expert:  F E Smith replied 13 days ago.

I can only tell you the situation in the UK, it may be different in Mauritius.

However if you both live in the UK, it would be UK law and the UK law would be applied to the Mauritius property.

If you want to sell the property, you can apply to court for an order for sale under section 14 of the trusts of land Appointment of Trustees Act.

BUT the court will not usually countenance an order between couples who remain married and you are not getting divorced . The court will not get involved in marital disputes over finances or property of the marriage is going to continue.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.


Customer: replied 13 days ago.
I am in Ireland. I hope you know what approach the Irish law system would take. It doesn't say anywhere on the Just Answer site that you can only answer questions based on British law.
Expert:  F E Smith replied 13 days ago.

Please bear with me. I will transfer this to Republic of Ireland law which may be different. A category moderator will need to transfer it manually.

Expert:  F E Smith replied 13 days ago.

I have done that for you and ask for it to be transferred and so now, I am going to opt out for another expert to consider when the question has been transferred categories..

The thread is now open to all experts.

Please do not reply as a matter of course or courtesy, as it means that the question thread comes back into my inbox.

An expert with the necessary expertise will reply when they are online.

Kind regards