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Buying house after Separation Agreement

Can I safely buy a house with a separation agreement without fear my ex will have a share in it? Thanks. Robert, Cork.

Hi Robert – the theoretical legal answer to this is – no, you can’t, but realistically if you have a signed separation agreement with mutual waivers of Succession Act rights and property entitlements, together with a paragraph unconditionally and irrevocably consenting to each other buying a house without any hold by the other, then you should be all right.

The problem in law here is that a separating couple can never completely and absolutely abandon their rights to each other’s property if circumstances change. 

This can normally affect maintenance entitlement but it can spill over into property rights.  Until there is new legislation on the finality of separation agreements then the position is going to continue.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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