Legal advice.

bozharry1

Hi really need help.My Brother had a nervous breakdown.On his release from hospital he went home to his house to find his wife has changed the locks.I have contacted her about letting him into the house and she said she could not as he posed a danger to her and the kids.I have phoned the Hospital that has treated him and they say he poses no risk.At the moment he has no access to money and is living with my elderly parents,One of them has Parkinson and the is in recovery after a Knee op.So staying with them is not an option.He is not in the right state of mind to fight this at the moment.So my question is?What can we do?The Garda said that if he goes up to house and tries gain access he could be arrested.There is no restraining order against him or anything.So Where can we go from here?

Stheno

bozharry1 wrote: »

Hi really need help.My Brother had a nervous breakdown.On his release from hospital he went home to his house to find his wife has changed the locks.I have contacted her about letting him into the house and she said she could not as he posed a danger to her and the kids.I have phoned the Hospital that has treated him and they say he poses no risk.At the moment he has no access to money and is living with my elderly parents,One of them has Parkinson and the is in recovery after a Knee op.So staying with them is not an option.He is not in the right state of mind to fight this at the moment.So my question is?What can we do?The Garda said that if he goes up to house and tries gain access he could be arrested.There is no restraining order against him or anything.So Where can we go from here?

See a solicitor or free legal advice centre

Tenigate

She sounds pretty heartless.

There's nothing to fight. He won't be allowed to live there if she doesn't want it.

Best thing he can do is work out a maintenance agreement and access to kids. So he needs to get on to his solicitor.

And second, see if she's open to relationship counselling.

alchemist33

If he owns the house (with or without wife) how can she legally keep him out of it?

bozharry1

Yes she has been very crafty.Has been bullying him for 20 years to the point that is a shell of a man.He has no job now as he took a early retirement 2 months and is living on a pension which she says his kids are entitled to half of it.So at the moment he has not got a penny.He has had a Psychotic breakdown.She says Tulsa have said he can not stay in the house but the Hospital said this is not true.His is wife is a Church going pillar of the community and she is one of the most hostile people i know.I am a 45 year old man and im even a bit intimated by her.This just seems so unfair

CeilingFly

She sounds a right weapon.

Unfortunately for her she is a heartless b1tch and such attitude will not be acceptable to a court who don't give a flying fcuk whether she's a church going pillar of society in her little world. - You can be certain all others in the area know what she is like.

Definitely a solicitor or flac immediately. Stop the payment of half pension too - if kids are under 18 she has children's allowances, if over 18 they can fend for themselves. If she wants anything else she can try and get an order.

Tenigate

She may get half. It's an asset he accumulated when they were together. She can apply for a pension adjustment order.

It's important he gets legal advice from a solicitor who specialises in this area.

bozharry1

Also she says he will not be able to put the house on market,As there is still dependents still living at the house.

Tenigate

bozharry1 wrote: »

Also she says he will not be able to put the house on market,As there is still dependents still living at the house.

That's true.

Stheno

bozharry1 wrote: »

Also she says he will not be able to put the house on market,As there is still dependents still living at the house.

That's often correct.

What age are the children?

bozharry1

How much does it cost to see a solicitor?He has no access to funds?

bozharry1

Children ages are between Twelve and Seventeen.

Stheno

bozharry1 wrote: »

How much does it cost to see a solicitor?He has no access to funds?

Free legal advice centre Google for one in your area

Tenigate

bozharry1 wrote: »

How much does it cost to see a solicitor?He has no access to funds?

He has a pension?

bozharry1

How long does it take to get free legal aid?

Stheno

bozharry1 wrote: »

How long does it take to get free legal aid?

Depends if his pension is over the limits he won't get it

Go see someone at the free legal centres and find out

bozharry1

Tenigate wrote: »

He has a pension?

Yes

Stheno

bozharry1 wrote: »

Yes

So he has funds?

bozharry1

Think his weekly is around 350 a week.He has no bank card.This man has been totally whipped for years.She has controlled everything for years.So guaranteed when he gets a bank card the account will have noting in it.I feel like giving him a kick in arse so much right now.Who lets things get to this point?

Stheno

bozharry1 wrote: »

Think his weekly is around 350 a week.He has no bank card.This man has been totally whipped for years.She has controlled everything for years.So guaranteed when he gets a bank card the account will have noting in it.I feel like giving him a kick in arse so much right now.Who lets things get to this point?

So whose bank account does the pension go into?

CeilingFly

He has control of his pension - open a new bank account, ask pension trustees to use that account. Will take just a day or so.

Tenigate

CeilingFly wrote: »

He has control of his pension - open a new bank account, ask pension trustees to use that account. Will take just a day or so.

It's possible it's already paid into his personal (not joint) account. In which case, cancel bank card as lost/stolen, and cancel online banking password. He'll need to visit the bank to make withdrawals without an address to issue replacement card.

myshirt

This one sounds like a right battle axe. Another good man chopped down.

CeilingFly

bozharry1 wrote: »

How much does it cost to see a solicitor?He has no access to funds?

A solicitor will not normally charge for an initial meeting and generally their fees are quite reasonable.

pilly

If he's not a danger to anyone what's the problem with him staying with your parents?

dev100

bozharry1 wrote:

Hi really need help.My Brother had a nervous breakdown.On his release from hospital he went home to his house to find his wife has changed the locks.I have contacted her about letting him into the house and she said she could not as he posed a danger to her and the kids.I have phoned the Hospital that has treated him and they say he poses no risk.At the moment he has no access to money and is living with my elderly parents,One of them has Parkinson and the is in recovery after a Knee op.So staying with them is not an option.He is not in the right state of mind to fight this at the moment.So my question is?What can we do?The Garda said that if he goes up to house and tries gain access he could be arrested.There is no restraining order against him or anything.So Where can we go from here?

My 2 uncles marriages fell apart, the wives walked out and both men went to solicitors and were each told on both occasions they couldn't change locks or if they did they would need to provide their spouses with keys and there was no way they could bar them from the family home if they wanted to return to live there !!!!

The system favors women no matter what happens . The guards are there for criminal acts unless they believe there is violence etc it's a civil matter but be under no illusion if she cries wolf he ll be the bad guy . Any interactions with her stupid involve a witness .To be honest why he s want to go back to that is beyond me . In my head id kick doors in to gain access but that would play into her hands id like to think I could hire a locksmith to gain access when she's not there change locks and move back in but again it may play into her hand .

Best route to take is to organise a good family law solicitor and let it all go from there and have all his i s dotted and T s crossed .he needs to sort his money /pension out asap !!!! Open a new bank account or if he has his own account make sure he has it transferred to it . He will have to pay something towards his kids upbringing but I'd let solicitors sort that out thru mediation etc. She can't withhold or hide money from joint bank accounts either so tell him or go with him to what ever banks he banks with and gain access to accounts and have new bank cards etc .

It's prob at that stage where he is best off out and away from her and the start separation process . The family home won't be sold until kids are finished full time education or the age of 23 as in my uncles kids case.

Good luck with it all

bozharry1

joint account.Hes goin down to open an account on Monday,So he can get his pension transfered.

Stheno

bozharry1 wrote: »

joint account.Hes goin down to open an account on Monday,So he can get his pension transfered.

That's the first thing he needs to do but he will need proof of address to open a new bank account.

Can he not withdraw from the joint account in the branch?

bozharry1

Both my parents are in there 70s.One has parkinsons and the other is recovering from knee op.They are not agile 70 year olds.Both of them have aged badly.My brother is doin odd things like getting up and walking around the house at 4 and 5 in the morning.This is ok short term but not long term.

bozharry1

Yes im sure he can but i would say the account will prob be cleaned out.I will get him to try this in branch on monday

nuac

Mod
This man will have to see his solicitor
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