Divorce is always an emotional period for those who have gone through this situation. In addition to that, things get more complicated when it comes to the division of financial assets like the house, money, and all other properties.
However, when a couple gets into the divorce process, one of the most common questions that they have in their mind is, “is my wife entitled to half my house?”
So, if you are also going through this toughest phase of your life and wondering whether the family house will be evenly divided or not, this guide is for you. Today, we will help you to know about this particular topic. So, to know the details, let’s get into this guide.
Can My Wife Take Half My House?
If you purchase the house before your marriage, it’s yours, and there is no need to share it with your wife. But this is not the case for all states. Every state has different laws regarding the division of family homes or shared homes. For example, the law in Ireland for houses differentiates between a family home and a shared home.
A family home implies where a married couple resides. Typically, family homes are held as joint tenants in the name of one or both spouses, as this is often the mortgage condition used to buy a home.
On the other hand, “a shared home is the residence where the civil partners live in,” according to the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. And this home is held in the name of only one civil; partner.
Considering the law, initially, both parties have 50-50 rights on the assets or house. And when it comes to divorce, yes, your wife can take half of the house. But then your property rights and equity will increase or decrease depending on a number of determining factors. Keeping this in mind, let’s move to the next section.
Is My Wife Entitled To Half My House?
If the title deeds of your house are in the name of you and your spouse, then you are the joint owner of this house, and it will be considered as a joint tenancy.
Anyway, in the case of a family home, your wife doesn’t have to be the legal owner. This means, there is no need to have the name on the title deeds to have the legal right to the property after the marriage is broken.
So, if you are thinking, is my wife entitled to half my house? The answer will be-
- If you die, your wife will be entitled to half of your house if you have no children or grandchildren.
- In contrast, your wife will get one-third of your house if there are children or grandchildren after your death.
But, in the case of divorce, the situation will be different. If you and your spouse are good in terms regarding the division of the assets, family home, and other properties, then things will go with ease. But, trouble arises when there are disagreements on the terms of divorce between the spouse.
If you cannot reach an agreement on who will own the family / shared home, the court will make an order of it. Usually, when a couple applies for a decree of judicial separation, divorce, or dissolution, at that time, an order is applied relating to a family / shared home. This order is referred to as a property adjustment order.
While making a property adjustment order, the court considers and takes into account all the circumstances of the family, the welfare of a dependent spouse or civil partner, or children. For example,
- Who has the right to stay in the family/share house, and for how long?
- Who has the ownership right in the family / shared home, and what share does each spouse/civil partner own?
Are Assets Always Split 50/50 In A Divorce?
Usually, the settlement amount comes down to ensuring that the dependent spouse has the appropriate provisions. And where assets are not significant, they will usually be split 50:50. However, where there may be a business, property, and investment, the divisions may favor one side over the other.
The fact is that there will be a lot of gray areas when it comes to the distribution of houses, wealth, or other assets at the time of divorce. There are many variables that need to be considered, and you need to keep in mind that there is no one size that fits all.
This is why it is so important to have family law solicitors Dublin in your corner. They will analyze your case’s circumstances and be able to give you advice and guidance on how you can achieve the best possible outcome.
So, this is the end of this guide which covers “is my wife entitled to half my house.”
If you need further information on the division of houses in Ireland, you can contact us. Or any further queries, you can comment below.