Father's girlfriend having an affair - legal advice

emilychalker

So my fathers girlfriend is having an affair. He and my mother seperated over 10 years ago. Mum got the family home as he was seeing his current girlfriend.

Now that she is cheating on him and quite openly i might add, we want her to go. However she wont leave the house. my father is 58, she is 48. It was built on land that belong to his parents in their day and was left to him in the will. It hasnt been transferred to his name yet as they dont want her to get anymore of it.

Anyway i suppose what i want to know is, as they arent married and he is the main breadwinner does she have any rights to the house. How can we get her out....

I am living in Australia so its proving hard to get any information.

aujopimur

Mind your own business, he won't thank you for interfering.
I'm sure he'll sort things out himself.

Stercus Accidit

aujopimur wrote: »

Mind your own business, he won't thank you for interfering.
I'm sure he'll sort things out himself.

This is an idiotic post, the OP said "we want her out" and the fact that the father is being openly cheated on would strongly imply he is one of the people that wants the woman gone, and his daughter is trying to help him.

Your post is worthless and petty trolling.

galtee mountain boy

aujopimur wrote: »

Mind your own business, he won't thank you for interfering.
I'm sure he'll sort things out himself.

Mother of god, was it necessary to be such an ignoramus. :rolleyes:

Corkbah

Stercus Accidit wrote: »

This is an idiotic post, the OP said "we want her out" and the fact that the father is being openly cheated on would strongly imply he is one of the people that wants the woman gone, and his daughter is trying to help him.

Your post is worthless and petty trolling.

you say this but we do not know if it is true or not.

OP - you say that his GF is openly cheating on him, does he have a loose/open relationship with her which would permit this ? have you told your father about this cheating or does he know ?

does your father want rid of her ? .... if so, why not simply tell her relationship is ended and to find a new place to live, I suspect that maybe your father has not been approached and you and other family members may have witnessed her cheating but your father may be willing to forgive and forget...but the rest of the family want rid of her !!...would that be right ?

In terms of legal side of things I believe that she may be entitled to something if she can prove she made efforts to contribute to the relationship over the last number of years- I knwo there was some recent legislation change (or maybe it has not taken effect yet), but she would be entitled to half of the property if they were cohabiting for a number of years. (have a vague recollection of reading that somewhere)

seamus

emilychalker wrote: »

Anyway i suppose what i want to know is, as they arent married and he is the main breadwinner does she have any rights to the house.

Possibly. Cohabiting couples were afforded more rights recently enough, which included the right to maintenance and/or assets in the event of separation.

This may or may not include a right to "pending" assets such as the house. He needs a solicitor to clarify the situation.

Seeing as the house isn't in your father's name, and assuming she doesn't pay any rent to live there, then she's technically a guest of the owners and her situation doesn't fall under a part 4 tenancy or anything like that.

But even then, the long period of residency may give her some rights to stay there. And if she has been paying some nominal form of rent, that complicates things.

You family needs to get a solicitor. You may need to go to court to get a court order for her to leave the house and stay away.

NuMarvel

Emily, unmarried couples who have been living together for a certain number of years have certain rights and obligations. I believe its after 5 years together if there are no children, or 2 years together if they have children.

There's more detailed information on the Citizens Information website here - http://www.citizensinformation.ie/en/birth_family_relationships/cohabiting_couples/rights_of_unmarried_couples.html.

Slyderx1

I agree with the first response. If your father wishes to terminate this relationship then that is entirely up to him. You have not set out any legal problem as yet. Who are 'we' by the way?. Is your father divorced from your mother?

aujopimur

I stand by my reply, the man is an adult and should be allowed to make his own decicisions.
I think the OP is is probably worried about her inheritance.

noodler

aujopimur wrote: »

I stand by my reply, the man is an adult and should be allowed to make his own decicisions.
I think the OP is is probably worried about her inheritance.

Wow.

Can we hear more advice from you and a few less presumptions?

ABajaninCork

I'd close this thread and get your father to seek advice from a solicitor. (Assuming of course, that's what he wants!). We're not allowed to give advice on here.

Zambia

You would be hard pressed to give advice, I have read the OP's post three times and I have more questions than advice.

I am also amazed at how the OP in Australia has enough evidence to accuse this girlfriend and her dad who lives with her has no clue ....

In the end OP your dad needs the will to remove the woman.

scotchannie

just tell your father to change the locks...

noodler

ABajaninCork wrote: »

I'd close this thread and get your father to seek advice from a solicitor. (Assuming of course, that's what he wants!). We're not allowed to give advice on here.

Good point.

Tom Young

Thread closed. See charter for reasons.