Case demonstrates the complexity of litigation concerning non-marital families, High Court judge says
Woman living in home owned by ex-partner fails to further defer its sale and get bigger share of sale proceeds
An agreement previously reached between the man and woman provides for sale of the property by 2029, with the woman to get 35 per cent of the proceeds, plus €499 in monthly maintenance, health insurance and other expenses for the children.
prior to a hearing; and the woman having agreed she was not a qualified cohabitant, the judge dismissed the woman’s appeal over it. The breakdown of the relationship more than five years ago, apparently in a disputed context of the man commencing a new relationship, took the woman by surprise and her assertion she remained emotionally traumatised was evident during the hearing, the judge said.
The man, who continued to pay the mortgage albeit with some defaults, served a notice to quit on the woman a year after their separation. That was “unfortunate and insensitive” and “entirely inappropriate” legally as the woman was never a tenant in the property, the judge said. The judge noted “threatening and abusive” correspondence from the woman to the man. Her “most unsavoury” threats of interference with the children’s relationship with their father was particularly unfortunate given her later evidence the children adored their father.
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