The High Court has granted a husband an option to buy his former wife’s interest in their family home for €70,000, with the property to be sold if he does not complete the purchase within a period the court has yet to set.
In a judgment delivered on 25 November 2024 in a Circuit Appeal from Waterford, Ms Justice Nuala Jackson granted the couple a divorce and made orders for the home, maintenance and costs. The court said it would hear submissions on the purchase period and on any other terms and conditions of sale.
The parties married in 2004 and have three children, none currently dependent. The judge considered the likely future accommodation needs of the youngest child, who lives with the respondent and is expected to pursue an apprenticeship or further education. The second child was expected to return to education, but was due to cease dependency in June 2025 on turning 23.
The home was valued by agreement at €232,500, with mortgages totalling €116,647. The judge estimated equity at about €108,000 after likely sale costs, but used the full €116,647 equity figure when considering a buyout because no sale costs would be incurred in that scenario.
The judge found both parties had contributed to the family, with the respondent the primary earner and the applicant having spent significant time on childcare and home-related work. Both received disability-related social welfare payments. The judgment noted questions about each party’s finances, including income from occasional work and account lodgements. The judge considered the applicant capable of earning through childcare work and found the evidence about her income and the contributions of adults living in the home unsatisfactory. The respondent’s accounts and some transactions were also disclosed late or not vouched, though the judge did not find significant undisclosed income.
The court concluded that proper provision required the applicant to receive a greater share of the home’s value. If the respondent buys her interest, he must pay €70,000, take responsibility for the outstanding mortgage, use best endeavours to have her released from it and indemnify her. The transfer and payment are to happen together. Until then, the applicant has exclusive occupation; after payment and transfer, the respondent has exclusive occupation.
If the purchase is not completed within the period to be set, the home must be put up for sale within one month after that period ends. Net proceeds after the mortgage and sale costs are to be divided two thirds to the applicant and one third to the respondent. The contents are to be divided by agreement, with liberty to apply if needed. The court made no maintenance order between the parties and directed each to pay their own legal costs.