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Death of Tenancy in Common with Debts

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  • 22-03-2013 4:44pm
    #1
    SarahBodrum
    Registered Users Posts: 2 ✭


    Myself and my brother bought an apartment as tenants in common, we both lived in the apartment for 6 years. He died one year ago but I am still living in the apartment with my husband and baby. He died with debts and the bank are now looking to claim them from his half of the apartment forcing us to sell.

    I am not working and I am not in a position to buy his half of the apartment so that we can stay.

    Is there any point in fighting this legally with the bank? Our family solicitor doesn't seem to think so.


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    #2
    234
    Registered Users Posts: 1,529 ✭✭✭234


    If you have a solicitor then listen to his/her advice rather than that of a bunch of random strangers on the internet.


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    #3
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Get a specialist solicitor - One who is a property expert.


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    #4
    SarahBodrum
    Registered Users Posts: 2 ✭SarahBodrum


    234 wrote: »
    If you have a solicitor then listen to his/her advice rather than that of a bunch of random strangers on the internet.

    I will, but its the weekend and Monday is very far away when your thinking about loosing your home.


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    #5
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    SarahBodrum wrote: »
    Myself and my brother bought an apartment as tenants in common, we both lived in the apartment for 6 years. He died one year ago but I am still living in the apartment with my husband and baby. He died with debts and the bank are now looking to claim them from his half of the apartment forcing us to sell.

    I am not working and I am not in a position to buy his half of the apartment so that we can stay.

    Is there any point in fighting this legally with the bank? Our family solicitor doesn't seem to think so.

    I agree that you need a solicitor. It sounds like something that a good general practitioner should handle.

    How much did your brother owe? Was there a life policy in respect of his debts? Was there any insurance policy to cover his debts in the event of his death? You can ask your solicitor to make enquiries if you don't know.


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