The couple was amicable but the person in the family home was not happy to give up the nice house.
An older couple, one self-employed and the other employed in the private sector, wished to divorce. They had no mortgage and their children were grown and financially independent. One spouse remained living in the family home, while the other was renting. The separation was amicable in most respects, but the person living in the home was reluctant to leave. The property held sentimental value and provided comfort and stability during the transition.
They attended mediation, hoping to resolve matters without litigation, but couldn’t agree on what should happen to the house. The spouse in the property wanted to stay, but wasn’t in a financial position to buy out the other’s share.
Meanwhile, the private sector employee raised concerns about transparency. Since the other spouse was self-employed, there was no regular payslip or P60 to show income. To resolve this, a thorough financial disclosure process was undertaken. This involved obtaining accountant-prepared profit and loss statements for the previous three years, along with supporting documentation. These confirmed that the self-employed spouse was not concealing income or undervaluing assets.
Once the full financial position was clarified, it became clear that keeping the house wasn’t realistic. The court’s role in Ireland is to ensure proper provision is made for both spouses. That includes fair housing, financial independence, and long-term security—not just sentiment or personal preference.
Given the available assets and income of both parties, the fairest outcome was to sell the family home and use the proceeds to purchase two smaller, more manageable properties. This meant both spouses could move forward with security and independence, each with a home of their own.
In Ireland, the family home often carries emotional weight—but it must be balanced with financial reality. Where one spouse cannot buy out the other, or where the value tied up in the property prevents proper provision for both, the fairest solution is often to sell and divide. Courts focus not on who wants the house most, but on long-term fairness for both parties.
