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Craicnet

How to not have property rights to husband's property?

7 replies

WonderingAboutThus · 12/10/2023 23:18

Heya,

Name changed for this. My husband (Irish) has a property in Ireland, rented out through a social scheme. The deed is in his name, but it was bought with money earned during our marriage. (I am the main earner by far, if that's relevant.)

I understand that this might give me some claim to the flat in case of a divorce.

However, is there a way for us to make sure I don't have any rights on the property (during or after marriage)? I have an excellent pension from my employer (different nationality) and we want to safeguard this for him, so I own none of it and have no claims on it.

Any idea how to go about this or what to ask the solicitor?

Thank you!

OP posts:
Blogdog · 13/10/2023 21:43

I doubt there’s enough traffic here to give you an informed answer to your question. You’d be better off posting it on Reddit on r/legaladviceireland.

pontipinemum · 17/10/2023 11:47

Try boards.ie

Now I honestly have zero understanding of all this but I know when we got our wills done with the solicitor recently he said that prenups etc are not binding in Ireland so that might make a difference.

Also if you do divorce, can you not as a couple decide how to split assets? I don't think it has to be 50/50 you only go to court and 'fight it out' if you don't agree on the split

Turfwars · 17/10/2023 14:15

www.askaboutmoney.ie is a good Irish based site for financial guidance.

www.askaboutmoney.ie

http://www.askaboutmoney.ie

WonderingAboutThus · 20/10/2023 18:16

Thank you so much for those tips! Will do and come back to update if anything interesting comes up.

OP posts:
SeulementUneFois · 20/10/2023 18:30

I offered my then fiance to get a pre-nup but he didn't want it ..
In the end when we divorced I lay no claim to his assets (nor he to mine). We set out what we wanted exactly and the solicitor just had to spell it out in the separation agreement.
I had to sign a couple of "caveats" with my solicitor acknowledging that I was ignoring their advice to look for more from him, but that was all.
(The divorce papers were then just copying the separation agreement, we did that through a "DIY" service easily.)

Nonplusultra · 20/10/2023 19:10

Short answer is that I’ve no idea.

If you were to ring fence the property for him, can you also ring fence your pension? So that, in an acrimonious divorce he wouldn’t have the property but still be able to make a claim on your pension.

Marblessolveeverything · 03/11/2023 22:31

Pre nups and agreements similar have no legal standing in Ireland. So the law in Ireland would default to the property being shared between ye, you can't ring fence properties etc. divorce is still building case law in Ireland.

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