Name on deed and rights

Shewhomustbe...

This is nothing to do with me and therefore I am not looking for any advice concerning said situation I’m just curious as to other people’s legal and personal opinions.

Two friends, Mary and Jane, buy an apartment together, Mary to live in, Jane as an investment.
Mary has lived in said apartment since day one paying half the mortgage.
Jane has paid 150E per month with a tenant making up the difference of her half of the mortgage.
Jane got married at the end of last year, in England.
Since then when visiting Mary, Jane and Mark (the husband), have spent their time making comments that they don’t like how she is keeping the apartment and that they own half of it.
Jane and Mark have a key to the apartment and on one of their recent visits went into the apartment when neither Mary or the tenant were there and took photos of furniture that Jane bought, which included the bed in the tenants room.

What can Mary do?

Jo King

One co-owner can force a sale on another. Mary can either buy out Janes's share of the apartment or else sell it and split the proceeds.

johnnysmurfman

Jo King wrote:

One co-owner can force a sale on another. Mary can either buy out Janes's share of the apartment or else sell it and split the proceeds.

Not necessarily true. Will depend if they are co-owners or tenants in common. You should research a land law book, Wylie is good.

Jo King

If they are joint tenants, one party can sever the joint tenancy thus creating a tenant in common situation. An action can be taken under the Partition Acts.

Shewhomustbe...

So even though Jane has only paid a small percentage of the mortgage thus far and NEVER lived in the apartment would she still be entitled to half should they sell?
Also, the husband has stated that he now owns a quarter of the property, they got married in England so would this be true under Irish law?

Jo King

I presume the rent paid by the tenant goes to jane who then tops it up to pay her half of the mortgage. Her husband has no interest in the property unless Jane has voluntarily given or sold it to him.