Property Ownership - Married 1st Or Not?

[mraitchison]

My mate is planning on tying the knot before he heads back to Ireland for a year.

He has been thinkiing of buying a house on finance so that he has somewhere to stay (in his gf/wifes name).

He has been told conflicting stories about whether or not they should get the house now before they are married or after. Bearing in mind it will be on finance.

One American guy in town is admiment that my mate will have 50% rights to the property and anything else that is purchased by him and his wife once they are married.

I was sure this is not true and as a foreigner we have the right to diddly squat.

If he gets married then they buy the house does he still have to write that letter saying that he does not expect his money back.

Need some advise on this one to help him out and more importantly prove the American wrong.

[Dragonman]

My mate is planning on tying the knot before he heads back to Ireland for a year.

He has been thinkiing of buying a house on finance so that he has somewhere to stay (in his gf/wifes name).

He has been told conflicting stories about whether or not they should get the house now before they are married or after. Bearing in mind it will be on finance.

One American guy in town is admiment that my mate will have 50% rights to the property and anything else that is purchased by him and his wife once they are married.

I was sure this is not true and as a foreigner we have the right to diddly squat.

If he gets married then they buy the house does he still have to write that letter saying that he does not expect his money back.

Need some advise on this one to help him out and more importantly prove the American wrong.

<{POST_SNAPBACK}>

The American is half right. 50% rights to all communal property except land and home purchased in her name. He has to sign the letter after marriage saying he has no claim. If she purchases outside marriage it is not communal property. Whichever way it's hers!

Finance, presumably in his name, or him as guarantor, means he pays the finance and she has the house. My advice, buy a condo before marriage.

[Sumitr Man]

^DM, I don't think the regulation specifies the house, merely the land. As such, I think you could word the affidavit in such a way as to only include the land (and its value) and that the house (and any other fixture) value could be considered communal property. It would, obviously, rely heavily on the wording you use in the affidavit and likely as not the standard form affidavit issued by the Dept. of Lands would not suffice.

SM

[Dragonman]

^DM, I don't think the regulation specifies the house, merely the land.  As such, I think you could word the affidavit in such a way as to only include the land (and its value) and that the house (and any other fixture) value could be considered communal property.  It would, obviously, rely heavily on the wording you use in the affidavit and likely as not the standard form affidavit issued by the Dept. of Lands would not suffice.

SM 

<{POST_SNAPBACK}>

Thanks SM. I had considered this, but without hearing of any case law felt that if I were the lawyer I would suggest the actual house was considerably devalued, even if classified communal. This due to the fact that the land was in the wife's ownership and thus the house only had a leasehold value. I'll wait for someone on here to have it happen to them, not me I hope