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Ask Buachaill Your Own Question
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 12286
Experience:  Barrister 17 years experience
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I have been married for 4 yeas to my second Husband we live

Customer Question

Hi Hi
JA: What state are you in? It matters because laws vary by location.
Customer: Hi I have been married for 4 yeas to my second Husband we live in his home so it s our family home. His will gives me right of recidence upon his death if I am still alive until I die then it belong to his children. I have a home in Sligo with bit death as my first husband ran for the hills when the crash hasspend. I am working with a split mortgage so will not own it inmy lifetime and the plan is to sell it when I retire. I have just discovedred my husband has been taking 800 euros a month from me since we got married which is around 48,000 euros, saying it was my of the utilities bills. I trusted of course but he is continually telling me I am not paying my way so I looked into things and now discover that a more accurate figure would be 400 euros a month. I am very devastated at this and now wonder what my legal position is if we were to divorce. He is refusing to show me any utility bill and is completely ignoring me.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: no not at all I am broken hearted, I want to resolve this. But he will not admitt anything and I am just trying to protect myself and be really
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I live in Dublin
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I suppose I am wondering about the financial situation do I have any rights to a share in the family home even though its in my husband name
Submitted: 5 days ago.
Category: Republic of Ireland Law
Customer: replied 5 days ago.
I live in Dublin Republic of Ireland
Expert:  Buachaill replied 4 days ago.

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

Expert:  Buachaill replied 4 days ago.

1. Upon divorce, you can make a claim to a share in the family home, even though it is in your husband's sole name. A divorce court would then normally grant you a share in the family home. Normally, one third, where the house was purchased by your husband and is in his sole name. The situation would be different if you contributed to the payment for the house. Secondly, the money your husband has been taking from you - €400 per month, is recoverable today by you as a simple contract debt from your husband. So, you can simply sue him for the recovery of the money, minus any allowance you want to make for your share of utility bills. Just because you are husband and wife does not mean that the law does not treat you as separate persons. So, your money is your own and you can sue for its recovery.