Can my ex husband or wife get away with not paying the bills?

We get asked this question all the time.

Spouse leaves Family Home sets up with new relationship and says they have little or no funds to meet their First Family obligations . The urgency of the matter requires immediate court application to District Court ,available daily in Dublin and weekly in country areas.

If the amount needed to keep house and family is above say €500 a week your application is to the Circuit Court.

In a separation situation a lot depends on who stays in the family home.If each party has their own income then both incomes will be taken into consideration if and when a court has to determine who should pay for which bill.

A court will need to see what the basic expenses are for maintaining two homes.If the person remaining in the house has their own income they will be expected to pay the house utility bills.The mortgage will have to be dealt with separately and now with Property Tax the extra expense will have to be factored in to any settlement.Each case will differ and be unique. The expense for children will be looked at as to what is required and what is optional.

If one party inherited the house before marriage a case may be made that it was not part of the marriage property however once it becomes the family home there is the presumption that the value should be shared.The court will strive to acheive a fair outcome between the need for a home and the fact that it was inherited by one of the parties before the marriage.Sometimes a division can be on a percentage basis between the parties say 60%/40 % to make allowance for this. If can be left until the youngest child is 18 before a division takes place.

One thing is certain two houses are more expensive to run than one.

Do you need assistance on a Family Law  Question? Contact us Here 

email:    info@michaelmonahansolicitor.ie

 

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