EXPERTS EXPLAIN:Ask our experts for advice on your property problems
Can my ex-husband force me to sell our house?
Q When I got divorced a few years ago, my husband was awarded a third share of our home which his team valued at €750,000. The asking price is now €325,000, with offers of €250,000, which I am being pressured to accept or face vacant possession. I am 74 years old and paid the mortgage for 25 years in my husband’s absence, the small amount of maintenance he paid went on clothes and food for our three children. My husband’s team have indicated they want a substantial portion of the proceeds of the sale. Can I take out an injunction to stop legal proceedings as I am waiting for legal aid and have no representation?
A In order to qualify financially for legal services from the Legal Aid Board, you must satisfy a means test and your annual disposable income must be less than €18,000 (see legalaidboard.ie) .
Your capital resources, other than your home, are also taken into account when assessing financial eligibility. If the value of those resources exceeds €320,000, you will not qualify for legal services from the board.
If proceedings have issued, you should write to your former husband’s solicitors immediately, notifying them that your application for legal aid is pending and requesting that no further action be taken by them until you have had an opportunity to obtain legal advice.
It is open to the court to vary or discharge certain elements of the orders made on divorce. This is a matter which you will have to discuss with your legal advisers, particularly as it appears that your former husband’s legal advisers have indicated they are no longer seeking a one third share of the proceeds of the sale. Until such time as it is varied by the court, the existing order in respect of the sale of your home stands.
Assuming that your concern is that you do not want to leave your home because you will not be able to afford an alternative property (and you cannot afford to buy out your former husband’s interest), then you will have to be advised on the options available to your former husband to enforce his rights.
It appears from your query that the property is already on the open market for sale, with an asking price of €325,000, and that you are under pressure to accept lower offers. The current residential property market is still in a state of flux and it would be difficult to envisage a court agreeing a valuation without the benefit of expert reports.
So, while your legal aid application is being processed, it might be a good idea to contact other estate agents or valuers seeking alternative valuations (three should give you a good idea) and the likelihood of the property selling. This information will assist in any talks with your husband’s legal team.
Julie Fitzgeraldis an associate solicitor with Whitney Moore, whitneymoore.ie
Would same plans get permission in downturn?
Q My local council rejected my plans for an attic conversion during the boom due to “overlooking”. Would I have a better chance of getting the same plans approved now that the economy is in trouble?
A The planning authority makes decisions on whether to grant or refuse planning permission on planning grounds, which include impact of a proposed development on existing buildings. It is unlikely that their view would alter because of economic circumstances. It is important before considering resubmitting that you understand fully the reason for refusal, and consider whether there might be a different way of designing the attic conversion to eliminate the overlooking.
Not all attic conversions require planning permission. The installation of roof windows to the roof slope at the rear of the house does not require planning permission, unless the property is a protected structure.
Krystyna Rawiczis a Chartered Building Surveyor and member of the Society of Chartered Surveyors Ireland, scsi.ie
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This column is a readers’ service. Advice given is general and individual advice should always be sought