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Possible loss of house on divorce

Hi. I got married three years ago. I brought a house to the marriage, which we now live in. I also pay all the household bills since we got married. It’s not working out. Am I going to lose my house if we divorce?

The first question I would ask of this listener is are there children?  In relation to any separation or divorce it is the duty of the court to make sure that the children’s needs are looked after and this will be the first concern that the court will have.   If this listener’s wife gets custody then the court may well be of the opinion that it would be wrong for the house to be sold and put the sale on the long finger.  Because this listener is married only three years the marriage isn’t even ready for divorce because it will require a  separation period of at least four years to qualify.  

 

The next question I would ask is did this listener put the house into joint names?  I gather from the question that it was in the listener’s sole name but perhaps he/she decided to put it in their joint names. 

 

My advice to this listener is to see a experienced family law solicitor now and plan this whole process in detail, so there are no surprises down the road.

 

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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