Elaine Corcoran is a Solicitor and principal in Corcoran & Company Solicitors, 24 Thorncastle Street, Ringsend, Dublin 4. She is mum of two boys and lives locally. She is here to answer readers’ questions and to give some guidance on current legal trends / developments. Elaine can be contacted on 01 5617900 or by email: elaine@corcoransolicitors.com
Please email any questions that you have for Elaine to newsfour@gmail.com.
Dear Elaine
I am in a committed relationship with my partner of over 24 years, neither of us has been married before, my partner does not have any children but I have two. I purchased my house before my partner was on the scene and it is in my name only. How can I ensure that my children get the house after I pass away but leave it so that my partner has a place to live. Can my children force a sale if my partner is living in the house? Everyone gets on very well, I don’t anticipate trouble but you never know.
Sam
Hi Sam,
I would encourage you to make a Will which would stipulate exactly how you would like your estate to fall. In your Will you could give devise and bequeath your house to your children subject to a life interest in favour of your partner, whom I am assuming is a cohabitant. This would mean that your partner could live in the property for as long as they wish and your children could only sell the property after your partner passes away, or with your partner’s consent. A financially dependent cohabitant may be able to apply to the court for provision to be made for them from the estate of a deceased partner if the relationship ends as a result of death or otherwise, and you should talk to a solicitor to ensure that you are fully advised and informed on the matter.
Dear Elaine
I separated from my husband in the last few months, I remain living in the family home contributing to the mortgage and the family bills. My husband has moved out to live with his new partner and makes a financial contribution once a month. On divorce, what will my children and I be entitled to?
Anne
Hi Anne,
Firstly, you can apply for a divorce when you are two out of the last three years separated. When a couple separate or divorce the most frequently asked question posed to me is what am I entitled to? The simple answer is an agreement or court Order that achieves proper provision.
The aim is to ensure fairness. Proper provision is achieved by a Judge weighing up a list of principles and reaching a financial split based on this criterion. As no two marriages are the same and no two marriage breakdowns are the same, no two settlements are the same. The list of criteria to be considered are set out in both the Family Law Act 1995, and the Family Law (Divorce) Act 1996. Your settlement agreement or Court Order will deal with (1) Property Adjustment Orders (2) Maintenance Orders (3) Access Orders and (4) Pension Adjustment Orders.
