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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 13854
Experience:  Barrister 17 years experience
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My Sister in law husband is looking for a divorce. She owned

Customer Question

Good afternoon
JA: Hi. How can I help?
Customer: My Sister in law husband is looking for a divorce . She owned her house before they got married and the house is just in her name there was no mortgage on the house when they got married . He wants her to sell and house and give him half the money would he be entitled to half of the money ?
JA: What steps has your husband taken? Have they filed any papers in the family court?
Customer: No steps have been taken yet
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 they live in?
Customer: No They live in Dublin
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The house was my sister family home and she was gifted it when her parents died
Submitted: 9 days ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 9 days ago.
Hello, and thank you for your question. I am your Expert and I will provide the answer you require.
Expert:  Buachaill replied 9 days ago.

1.  Whilst the husband would probably receive a share in the house upon divorce, this is more likely to be a third share of the house and not a half because your sister in law owned the house outright before she married her husband.  A divorce court is unlikely to grant the husband a full half share when he didn't contribute to a mortgage or other outgoings on the house.  So, your sister in law should only do a deal where the husband gets a share in the house and not a full half share.  Be aware that some divorce courts might not give him such a large share anyway.  So, your sister in law should see a solicitor and get divorce papers issued.

Expert:  Buachaill replied 9 days ago.

2.  If you require clarification or if there is additional information you wish to share, I will be happy to assist further in resolution of your question.

Customer: replied 9 days ago.
Thanks you I will let my sister in law know I think she is putting it off going to the solicitors as it will make real and she never wanted a divorce but this might give her some piece of mind thanks again
Expert:  Buachaill replied 9 days ago.

3. You are welcome.  Glad to be of assistance.