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Is she entitled to my house?

  • 07-08-2016 11:25pm
    #1
    Registered Users, Registered Users 2 Posts: 6


    My sister and I have a house we inherited from our deceased parents, unoccupied. We hope to sell it soon. I am in a relationship with a woman, the mother of my children and we reside in a rental property. Obviously we want to sell the house and use it to finance a family home. I am getting uncomfortable with her attention towards the house. At this point, is she entitled to a share in it, if the relationship broke down? I understand once we reside in a family home, if the relationship lasts more than two years (with children), she has some entitlement. What is that? But if the relationship broke down now, what is her entitlement? Can she take a share of my half?

    If we broke up and I bought an apartment with the proceeds of the estate, is she entitled to it, or a share in it?

    I don't think we will break up, but am wary. Isn't there a document we can sign that stipulates we aren't in a relationship, what rights does that entail me?


Comments

  • Registered Users, Registered Users 2 Posts: 2,549 ✭✭✭jcd5971


    Would you not sign it over to your sister as sole owner?

    I know it's putting a lot of trust in her to still give you half in event of a sale, depends on your relationship with her I suppose.


  • Registered Users, Registered Users 2 Posts: 6 Gordon Freeman 2


    jcd5971 wrote: »
    Would you not sign it over to your sister as sole owner?

    I know it's putting a lot of trust in her to still give you half in event of a sale, depends on your relationship with her I suppose.

    That's a good idea.


  • Registered Users, Registered Users 2 Posts: 1,193 ✭✭✭Smondie


    .... I am in a relationship with a woman, the mother of my children ....

    ... Isn't there a document we can sign that stipulates we aren't in a relationship,....

    I think that might be comitting fraud in some way. Lying on legal documents is never a great idea.


  • Registered Users, Registered Users 2 Posts: 1,992 ✭✭✭Mongfinder General


    Sign it over to your sister. She'll want rent so arrange it in a way whereby you're paying her let's say, 1500 a month for the rental of the house but you can pocket 750 of that as half of the house is yours. Keep the 750 a month off the radar. Make sure your sister has a will that names you as a beneficiary just in case.


  • Registered Users, Registered Users 2 Posts: 2,549 ✭✭✭jcd5971


    That's a good idea.

    Your welcome.


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  • Registered Users, Registered Users 2 Posts: 70 ✭✭hickory


    All these suggestions have tax implications for both you and your sister. No point in trying to do something to avoid your partner getting money if the tax man gets it instead!

    Also if you are thinking about your partner this way maybe you should break up now as the house seems to matter more than her and the kids. Maybe her interest is just so there is a family home and stability for the kids


  • Closed Accounts Posts: 12,449 ✭✭✭✭pwurple


    How are you "not in a relationship" with the woman you live with who has borne your children?


  • Registered Users, Registered Users 2 Posts: 12,046 ✭✭✭✭L'prof


    How long are you 2 together and why are you so determined that your OH doesn't benefit from this? If it was early days in a relationship then maybe I'd get it, but the mother of your children who you are still in a relationship with?


  • Registered Users, Registered Users 2 Posts: 2,578 ✭✭✭monkeysnapper


    hickory wrote: »
    All these suggestions have tax implications for both you and your sister. No point in trying to do something to avoid your partner getting money if the tax man gets it instead!

    Also if you are thinking about your partner this way maybe you should break up now as the house seems to matter more than her and the kids. Maybe her interest is just so there is a family home and stability for the kids

    I agree .
    You have children with this woman and live in rented accommodation . I think its fair for her to assume the person she maybe loves and father of her children has a house available for them all to live in .


  • Closed Accounts Posts: 12,449 ✭✭✭✭pwurple


    L'prof wrote: »
    How long are you 2 together and why are you so determined that your OH doesn't benefit from this? If it was early days in a relationship then maybe I'd get it, but the mother of your children who you are still in a relationship with?

    It's bonkers. It's not often you see someone asking for advice on how best to abandon his family and make sure they are totally destitute.


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  • Closed Accounts Posts: 1,387 ✭✭✭D0NNELLY


    pwurple wrote: »
    It's bonkers. It's not often you see someone asking for advice on how best to abandon his family and make sure they are totally destitute.

    Even less often than you think, as that's not what he asked.


  • Closed Accounts Posts: 29 Trending


    Gordon freeman .... Your poor 'partner' and children don't deserve such a devious 'partner /dad) does she know your intentions regarding her and her children's lack of security.

    I hope you get what you deserve ... Ie to live alone!


  • Closed Accounts Posts: 26,658 ✭✭✭✭OldMrBrennan83


    This post has been deleted.


  • Banned (with Prison Access) Posts: 1,216 ✭✭✭dbagman


    it shouldnt really be down to what your other half is entitled to, rather what your children are entitled to. A stable family home being vital. Who cares what she "gets" once your children are looked after. They should be your main concern.


  • Registered Users, Registered Users 2 Posts: 1,373 ✭✭✭selous


    jcd5971 wrote: »
    Would you not sign it over to your sister as sole owner?

    I know it's putting a lot of trust in her to still give you half in event of a sale, depends on your relationship with her I suppose.
    That's a good idea.

    Unless O.H and sister run off together.:D


  • Closed Accounts Posts: 1,707 ✭✭✭arayess


    Patww79 wrote: »
    This post has been deleted.

    this exactly
    only a fool would not know where they stand in the event of something happening with any asset.

    OP i think you should consult a solicitor - she mightn't be entitled to anything from the house cos it's not your family home ...but I'm guessing she may be entitled to something from your assets.
    but you should find out for sure and then take steps to be in a position that your feel comfortable with


  • Registered Users, Registered Users 2 Posts: 20,830 ✭✭✭✭Taltos


    Mod Note
    Trending - take it easy. S&D is here to help people going through separation and/or divorce.
    It's not about judgements or making the OP feel bad if we disagree with them. Had your post not already been commented it would have been snipped. Please take care in future but do NOT post to this thread again.


  • Registered Users, Registered Users 2 Posts: 2,541 ✭✭✭anothernight


    arayess wrote: »
    this exactly
    only a fool would not know where they stand in the event of something happening with any asset.

    I would tend to agree, except the OP is willing to commit fraud just to keep the house away from his girlfriend and children. That's well beyond wanting to know where they stand.


  • Registered Users, Registered Users 2 Posts: 156 ✭✭mrs vimes



    I don't think we will break up, but am wary. Isn't there a document we can sign that stipulates we aren't in a relationship, what rights does that entail me?

    It is possible to contract out of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 according to Citizens information. Last paragraph before "contact" section.

    You would both have to agree that you will not seek anything from each other if you were to break up.

    I would agree that the welfare of your children should be of prime importance.


  • Registered Users, Registered Users 2 Posts: 3 glowinthedark


    The problem is that unfortunately relationships do not always last even with the best of intentions so you should look at all your available options to protect your assets. Seek as much info and advice as possible before doing anything. Good Luck to you.


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