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House Ownership Situation

  • 04-08-2014 5:08pm
    #1
    The Governor
    Closed Accounts Posts: 949 ✭✭✭


    Here's a hyothetical situation...

    If you have a married couple, married for 25 years and living in a house all along but house is in husbands name, does the wife have any rights to it?

    Also say said house had a house for an elderly parent attached, husbands mother, but husband tried to claim the entire residence (house + elderly parents house) was in his mothers name who passed on 5/6 years ago.

    Say the residence is now his, so would that mean wife would have any entitlement then?


Comments

  • #2
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    no automatic right, but as the house is the family home the spouses interest is protected by the family home protection act, in the event of death or divorce the spouse would have certain claims by right.


  • #3
    The Governor
    Closed Accounts Posts: 949 ✭✭✭The Governor


    So for example if the couple had two kids but both we're over 18 but still at home.

    How would the family protection act work if the father wanted to get wife and two children out?

    Also does it make any bearance if for example the sole bill of ESB for elderly parents house was in sons name only last few years or for example wife's name was on bills for the couples part of the home?


  • #4
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    The Governor wrote: »
    So for example if the couple had two kids but both we're over 18 but still at home.

    How would the family protection act work if the father wanted to get wife and two children out?

    Also does it make any bearance if for example the sole bill of ESB for elderly parents house was in sons name only last few years or for example wife's name was on bills for the couples part of the home?


    If either party wanted the other out then they would need to agree that or go to court. The family home protection act protects the other spouse in that the house can not be sold with out her permission. If the husband wants the wife out then its a separation issue and the parties if they cant agree to division of property no matter who owns what the courts will decide.

    In the example the wife may be allowed to remain in the house and husband out, or husband may be allowed to stay with wife out with a cash settlement or maintenance. Or the wife may agree to move into a rented house or the husband may have to buy a new house or any other number of outcomes. But either party can not just walk away from their commitments.


  • #5
    The Governor
    Closed Accounts Posts: 949 ✭✭✭The Governor


    Ah that's interesting thanks for the info! So if the wife didn't want to leave he couldn't just say I'm having the police remove you then.

    Also would the court take into account stuff like let's say for the example the husband had a protection order against them which the court granted to the wife if husband tried to have wife thrown out?

    Just in case mods it's not legal advice I'm after it's just a family friend has a spouse who's often threatening to have em out on the street if they don't get their way so was worried for their situation tbh.

    Actually as an aside, they were gonna get some building work done and he was all for it then got angry and claimed she wasn't allowed have it done as it wasn't her house as he built it himself, etc and she'd need his permission is that true? Surely can't be? He's had no problem letting her pay for bills and house furnishing when it suited him!


  • #6
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    Has the wife paid into the mortgage at all even indirectly through doing a part-time job and paying into the household? Courts look beyond who's name is on a deed. Have a look at the area of law under the ambit of equity.


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  • #7
    The Governor
    Closed Accounts Posts: 949 ✭✭✭The Governor


    No mortgage ever it was paid from saving. Wife has purchased all groceries since they married, various furnishings, bills, etc.

    Actually something a family memember mentioned earlier, land and elderly house was left to him via his father, then mother upon death. Interestingly, cheap solicitor at the time lost original will, therefore requiring husbands sibling to sign contracts relinquishing any claim, however, he never got it properly done as he hadn't money to pay new solicitor to sort it out into his name.

    He apparently tells her various stories from it's his as he built it and payed for it to he is clamig squatters rights as he's there longer then his wife.

    I would assume if he hadn't it put into his name, he can only claims squatters for as long as his mother is dead surely?


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