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Rights of 'Children' when parent sells house

  • 05-11-2011 3:36pm
    #1
    born2bwild
    Closed Accounts Posts: 1,419 ✭✭✭


    Does a parent need the permission of his/her adult children to sell their own property?

    Or, does an adult have any legal basis for objecting to their parent selling their own property? Say, just by virtue of his 'relatedness', does a person have any claim to the ownership/disposal of their parent's (or parents') property?

    Sorry if this seems a bit convoluted. One of my siblings wants to stop my father from selling his house - is this a non-runner? (I expect it is)


Comments

  • #2
    Tigger
    Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    why ?


  • #3
    Tails142
    Registered Users, Registered Users 2 Posts: 2,119 ✭✭✭Tails142


    born2bwild wrote: »
    Does a parent need the permission of his/her adult children to sell their own property?

    Or, does an adult have any legal basis for objecting to their parent selling their own property? Say, just by virtue of his 'relatedness', does a person have any claim to the ownership/disposal of their parent's (or parents') property?

    Sorry if this seems a bit convoluted. One of my siblings wants to stop my father from selling his house - is this a non-runner? (I expect it is)

    Its a good way to be written out of a will for sure.


  • #4
    born2bwild
    Closed Accounts Posts: 1,419 ✭✭✭born2bwild


    Tigger wrote: »
    why ?

    Why what? Why does he want to sell it? (money, I guess; haven't really spoken to him about it)
    Why does he want to stop him? (sentimental reasons, grandmother's house, childhood summers etc etc)
    Sordid stuff, but there you are.


  • #5
    Tails142
    Registered Users, Registered Users 2 Posts: 2,119 ✭✭✭Tails142


    born2bwild wrote: »
    Tigger wrote: »
    why ?

    Why what? Why does he want to sell it? (money, I guess; haven't really spoken to him about it)
    Why does he want to stop him? (sentimental reasons, grandmother's house, childhood summers etc etc)
    Sordid stuff, but there you are.

    Only way that comes to my mind would perhaps be if he was deemed not to be of sound mind?


  • #6
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Tails142 wrote: »
    Only way that comes to my mind would perhaps be if he was deemed not to be of sound mind?
    Or if your brother owned a share of the house.


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  • #7
    born2bwild
    Closed Accounts Posts: 1,419 ✭✭✭born2bwild


    Tails142 wrote: »
    Only way that comes to my mind would perhaps be if he was deemed not to be of sound mind?

    Ha Ha... you must know him!!!

    Seriously, though, can anyone can think of any non-psychiatric routes that could be followed, i.e. relevant laws, statutes, conventions, precedents that might be relevant to this situation?


  • #8
    Mark27
    Registered Users, Registered Users 2 Posts: 129 ✭✭Mark27


    If he owns the property in Fee Simple, then no there is no way to prevent a sale by the children

    Plus if he paid for the house then its only fair that he can do what he wants with it!! Isi'nt that the right you would like to have over your property?


  • #9
    Victor
    Registered Users, Registered Users 2 Posts: 78,579 ✭✭✭✭Victor


    Have the child pay market rate for the property.

    Note that if this is currently the parent's residence, that some social welfare entitlements may be affected by virtue of having the cash instead of the residence.

    How many bodies has the child buried under the patio? :)


  • #10
    dats_right
    Registered Users, Registered Users 2 Posts: 1,169 ✭✭✭dats_right


    born2bwild wrote: »

    Does a parent need the permission of his/her adult children to sell their own property?

    No, of course they don't.
    born2bwild wrote: »
    Or, does an adult have any legal basis for objecting to their parent selling their own property? Say, just by virtue of his 'relatedness', does a person have any claim to the ownership/disposal of their parent's (or parents') property?

    That would be ridiculous if they did. Junior needs to grow up!
    born2bwild wrote: »
    Sorry if this seems a bit convoluted. One of my siblings wants to stop my father from selling his house - is this a non-runner? (I expect it is)

    You expect right. If junior wants to stop the sale he/she can stump up the cash and buy the property like a real adult.

    [/QUOTE]


  • #11
    psychward
    Closed Accounts Posts: 1,187 ✭✭✭psychward


    Sounds like one of the Menendez brothers


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  • #12
    born2bwild
    Closed Accounts Posts: 1,419 ✭✭✭born2bwild


    dats_right wrote: »
    No, of course they don't.



    That would be ridiculous if they did. Junior needs to grow up!


    You expect right. If junior wants to stop the sale he/she can stump up the cash and buy the property like a real adult.
    [/QUOTE]
    +100:)


  • #13
    Onthe3rdDay
    Closed Accounts Posts: 1,194 ✭✭✭Onthe3rdDay


    dats_right wrote: »

    If junior wants to stop the sale he/she can stump up the cash and buy the property like a real adult.
    [/QUOTE]

    I'd generally agree with the above quote but this is ireland and there's sometimes a second side to a story, especially when there's property in the mix.

    For example Plenty of Children worked for free on family farms and continued to do so well into adult years and didn't get a penny when property was given out.


  • #14
    dats_right
    Registered Users, Registered Users 2 Posts: 1,169 ✭✭✭dats_right


    Onthe3rdDay wrote: »
    [/
    For example Plenty of Children worked for free on family farms and continued to do so well into adult years and didn't get a penny when property was given out.

    Indeed, that is true but for the most part that is just bad luck and wouln't give rise to a remedy while the parent is still alive, save only in very exceptional circumstances. Afterall nobody said life is fair.

    Anyway, that doesn't seem to be the case here. The question posed by the OP is whether adult children have any legal rights vis-a-vis the parents' family home in simpliciter. The answer to this is no, unless there are very exceptional circumstances. Junior living at home like an overgrown teen, or the fact that they may have vacate their room and take down their nostalgic old posters would not in any way constitute exceptional circumstances.


  • #15
    wobblyknees
    Registered Users, Registered Users 2 Posts: 1,435 ✭✭✭wobblyknees


    born2bwild wrote: »
    Does a parent need the permission of his/her adult children to sell their own property?

    Or, does an adult have any legal basis for objecting to their parent selling their own property? Say, just by virtue of his 'relatedness', does a person have any claim to the ownership/disposal of their parent's (or parents') property?

    Sorry if this seems a bit convoluted. One of my siblings wants to stop my father from selling his house - is this a non-runner? (I expect it is)

    If this was even a remote possibility in modern day Ireland, I'd burn everything I owned and leave the country.


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