Guidance on how to manage a joint mortgage after a breakup in Dublin & Ireland
When relationships end, emotions often run high. And when a couple own property together, the separation can become more than just emotional. Financial and legal ties remain, especially when there is a joint mortgage. More couples in Ireland now purchase homes without getting married, which means more individuals face such challenges when their relationships break down.
This blog post offers some guidance on how to manage a joint mortgage after a breakup, including insights from the Irish Independent article featuring Niamh Moran, Family Law Solicitor at Carmody Moran Solicitors. We explain the legal and financial steps to buy out an ex partner and move forward fairly and clearly.
Understanding cohabitation agreements
If you and your partner created a cohabitation agreement, this is the first document to review. The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 allows unmarried couples to agree on how assets, including property, will be handled if they separate.
A cohabitation agreement might include timelines for a buyout or conditions for selling the property. While useful, these agreements are still uncommon in Ireland. Without one, you may need legal advice to understand your position.
As Niamh Moran notes in the Irish Independent article
“People get swept up by the romance of buying a property together and do not have these conversations about what would happen if the relationship broke down.”
Understand your legal position as a cohabiting partner
Unmarried partners do not automatically have legal rights to each other’s property. Ownership usually depends on who is named on the title deeds. If both names are on the deeds, both are legal owners. If not, the person not named may still have a claim if they contributed to the purchase or mortgage.
Contributions might include
- Paying part of the deposit
- Covering some mortgage payments
- Providing a site for the house
You will need clear evidence such as bank statements or receipts to prove your contributions.
Calculate the equity and value of the property
Before a buyout can take place, the home must be professionally valued. From this, you can calculate the equity by subtracting the remaining mortgage from the market value. If both parties have equal ownership, you divide the equity equally.
For instance, if the house is valued at €500,000 and the mortgage is €300,000, the equity is €200,000. A fifty fifty split would mean a buyout amount of €100,000. Unequal ownership such as tenants in common will affect this calculation.
Apply for mortgage approval as a sole borrower
Among the biggest challenges you would face is qualifying for a mortgage on your own. The original loan was likely approved based on two incomes. Now, you must show you can handle the full loan by yourself.
All Lenders in Ireland will look at
- Your annual income and current employment status
- Your existing debts
- Your credit history including credit card activity
Second time buyers in Ireland can typically borrow up to three point five times their income. Some exceptions apply. A lower loan to value ratio might be required, which could mean a larger deposit is necessary.
Speak to your lender or Financial Advisor
Once you know your financial position, contact your lender or Financial Advisor. The current Lender may allow you to take over the mortgage, but the process can be slow. If the bank does not agree, remortgaging with another lender might be quicker. Every case is different to some defree.
This step may involve
- Refinancing the current mortgage
- Transferring ownership via a transfer of equity
- Applying for a new mortgage altogether
The time involved varies, but refinancing can often be completed in eight to ten weeks compared to four to six months with an internal transfer.
Be prepared for disputes or delays
Breakups can be difficult and not all property matters are resolved smoothly. If one person refuses to sell or accept a buyout offer, mediation is usually the first step. If this fails, legal proceedings may be necessary.
Situations become more complex when
- The home is on inherited or gifted land
- A farm is involved with family co ownership
- Ownership contributions are unclear
Solicitors experienced in family and property law can help you resolve disputes and protect your rights.
Selling the property as a final option
In many cases, selling the home is the simplest solution. The mortgage can be paid off and any remaining equity split. This allows both individuals to move on, perhaps with funds for a deposit on another property.
With annual residential property values continuing to rise in Dublin and across Ireland by 85 or more, selling might provide a clean break and financial security.
A considered next step
Property and relationship breakdowns are difficult but you do not need to navigate them alone. With legal advice and proper planning, it is possible to buy out your ex partner and move on with financial stability.
For a full breakdown of the legal and financial steps involved, see the original article published by Gabrielle Monaghan in the Irish Independent on 30 March 2025. The piece features expert insight from Niamh Moran, Family Law Solicitor at Carmody Moran.
Read the full article here https://www.independent.ie/business/money/how-to-buy-out-an-exs-share-of-the-mortgage-seven-steps-to-a-fresh-start-plus-the-mistakes-to-avoid/a467689274.html
Contact Carmody Moran Solicitors
If you wish to arrange an appointment for more information concerning such matters, please telephone us on 018272888 or email us at [email protected]
Frequently Asked Questions
on Buying out Ex in Mortgage in Dublin
Can I buy out my ex in Dublin if their name is not on the title?
Yes, if they can prove financial contributions to the property. Legal advice is essential to assess the situation accurately. Whether it is in Dublin 2 or Dublin 4, 22 or 24, in Roundwod or Dingle makes no difference. Irish laws pertain across the state.
What are these steps to remove an ex partner from a mortgage?
You will need lender approval, proof of income and possibly a new mortgage application. The process usually involves a valuation and legal documentation.
How long does it take to finalise a mortgage buyout in Dublin?
It depends on the lender. Going about internal transfer may take longer, from four to six months while switching lenders may be faster. Again whether the property is in Dublin or in a rural county makes no difference.
Is it better to sell the property or buy out a partner?
This depends on your financial situation and ability to qualify for a mortgage. Selling can be simpler if an agreement cannot be reached. Selling in the current market in Dublin is very much an option. Current residential property values are increasing at 8% or more as of March 2025. This is the same in Blanchardstown or Ballsbridge, Stillorgan or Santry. In many ways it is a sellers market. However if you are both buying you are then subject to the same increase in prices across the city.
Do I need a solicitor in Dublin to manage a property buyout?
Yes. A solicitor can guide you through valuations, legal ownership, lender negotiations and transfer of equity.
Niamh Moran is a partner at Carmody Moran Solicitors in Dublin. Niamh’s litigation experience includes injury claims law (both Plaintiff and Defendant) and is an Advisory Board Member of the State Claims Agency.