FAMILY LAW If a couple splits, who gets the house?

Whose house is it anyway?


Family law
Brid Manifold

I am happily married for over three years. We have found a beautiful new house and are in the process of buying it. My husband owns the house we are living in and is selling that now. I just presumed the new house would be in both our names, but its not as simple as that, as he is getting the mortgage. We have one child. I hope we’ll be together forever but if anything happened, what rights have I?

Now, there is no need to become alarmed, because the fact is, family law is not an exact science. The courts have extremely wide discretionary powers, and can look behind ‘paper ownership’ and make many different types of orders. In family-law cases, all property, regardless of whose name it’s in, is put into the ‘pot’ for fair division by the courts.
At the same time, as a family law solicitor, generally speaking, one is happier to see one’s own client’s name clearly on the title of the family home. There is then a presumption that the property is owned 50/50 between them. You could say that that presumption is less clear in cases where the house is in the sole name of just one spouse, and there could be a sense of being on the ‘back foot’ when trying to establish your entitlement to your share.
A family home cannot be legally sold or mortgaged without the consent of both parties, even if the house is only in one name. Steps may be taken to further protect yourself by registering your interest with the Land Registry.
It is important to note that if your husband was to die without making a will, and he has children, you would inherit 2/3 of his estate and the remaining 1/3 would go to his children. This can cause obvious complications when it comes to a family home.
The ‘family home’ is a very emotive subject. The threat of losing it, especially when children are still young, can trigger very intense fear and negativity. Very often, the home is the only rock left to cling to in the storm of a separation. Knowing where you stand can help relieve some of that anxiety.

*The above is generalised information and may not apply to you. You should always get individual legal advice on your own particular circumstances from an experienced family law solicitor.

Brid Manifold is a family-law solicitor and mediator based in Galway City. Her monthly columns will cover a range of family-law and mediation issues. Email your questions in confidence to Brid at familylaw@mayonews.ie.