Can I lose my home?

siocsneachta1

I hope I've posted this in the right place, apologies if not..

I'm hoping someone can put my mind at ease, or maybe inform me of where I stand with regards to whether I have any rights..

I live in my grandmother's home, she passed away a couple of years ago with no will. Her sister wants to now sell the house.. But my grandmother's parents never made a will either (they were who she essentially inherited the home from)..

AFAIK there's no deeds and the home is not registered with the land registry.. can my grandmother's sister sell the house and put me out on my ear? Do I have any rights? My grandmother's sister hasn't lived here since the 70s.

Any help would be much appreciated as I am wracked with anxiety about the whole situation

nuac

Mod
Leaving open for general discussion subject to forum rule against legal advice
Meanwhile suggest poster consult own solicitor

siocsneachta1

nuac wrote: »

Mod
Leaving open for general discussion subject to forum rule against legal advice
Meanwhile suggest poster consult her own solicitor

I'm sorry if I have broken a rule I just was hoping to be pointed in the right direction or reassured as I can't afford a solicitor..

Bigus

Go get legal advice from a solicitor but , in worse case scenario You'd at least be entitled to a long term lease minimum, Probably on favourable terms , but your Gran aunt would have to prove ownership first , before she could attempt to sell or demand rent .

MMod
Get your own legal advice before relying on that statement

Bigus

As regards not been able to afford a solicitor, you're talking about an asset worth 100s of thousand but you can't pay a couple of hundred for a consultantation ?

siocsneachta1

Bigus wrote: »

Go get legal advice from a solicitor but , in worse case scenario You'd at least be entitled to a long term lease minimum, Probably on favourable terms , but your Gran aunt would have to prove ownership first , before she could attempt to sell or demand rent .

Do Threshold deal with these kind of situations or is it just tenancy/landlord disputes?..

Kristopherus

siocsneachta1 wrote: »

I'm sorry if I have broken a rule I just was hoping to be pointed in the right direction or reassured as I can't afford a solicitor..

No, you haven't broken any rule. But you should get legal advice as that will inform you of your rights vs those of your grand-aunt.

siocsneachta1

Bigus wrote: »

As regards not been able to afford a solicitor, you're talking about an asset worth 100s of thousand but you can't pay a couple of hundred for a consultantation ?

There's no way it would be worth 100s of thousands.. I'm not interested in any monetary gain in my query rather saving myself from homelessness

siocsneachta1

I don't want to own, sell, get any money at all I just want to know if I am safe & I won't be out on my arse..

phormium

Contact your local Citizens Information Office, they can give you a short free appointment with a solicitor (they usually have them once a month or so) who can give you some advice anyway. After that then you will have to consider paying one if you want to go further.

Hitman3000

siocsneachta1 wrote:

I don't want to own, sell, get any money at all I just want to know if I am safe & I won't be out on my arse..

The best advice you can be given is contact a solicitor.

Losty Dublin

siocsneachta1 wrote: »

There's no way it would be worth 100s of thousands.. I'm not interested in any monetary gain in my query rather saving myself from homelessness

Even the most modest house in most parts of Ireland will be worth €100,000+, so the point is fair. If it has been your home for any length of time then you will need to get the situation remedied as soon as possible, hence the advice about consulting a competent solicitor with a working expertise in property law or of wills, estates and probate. Threshold really won't be of any use here but you are welcome to try them.

seagull

It's going to be messy, given the lack of paperwork. Your aunt isn't the sole owner of the house, so she can't make a unilateral decision on selling. She will have to either consult the other owners, or go to court to force a sale.

How many siblings did you grandmother have? The house should have been split evenly between them on her parents' death.
How many children did your grandmother have? Her share should have been split evenly between her children.

You will probably need to talk to a solicitor to get any meaningful answers, and it may be a long process.

4ensic15

It is possible that the grandmother squatted against her siblings and they are now statute barred. That only leaves the ops parents, aunts, uncles and cousins to sort out.

Grab All Association

4ensic15 wrote: »

It is possible that the grandmother squatted against her siblings and they are now statute barred. That only leaves the ops parents, aunts, uncles and cousins to sort out.

4ensic said what I was thinking and hopefully correct. But OP please consult a solicitor. It may not be as expensive as you’ll think it’ll be and some may be open to negotiation on fees/spread payments etc. There’s no harm calling to ask.

seagull

4ensic15 wrote: »

It is possible that the grandmother squatted against her siblings and they are now statute barred. That only leaves the ops parents, aunts, uncles and cousins to sort out.

Does that hold even if the grandmother never applied for ownership? Does it automatically become hers due to the length of residence?

4ensic15

seagull wrote: »

Does that hold even if the grandmother never applied for ownership? Does it automatically become hers due to the length of residence?

The grandmother has to have intended to exclude the other siblings. The fact that she never applied to register ownership isn't fatal.
If she insured and maintained the house and only allowed the other siblings visit with permission then an intention to possess to their exclusion could be inferred. These situations are very complicated and legal advice is a must. The o/p is going to have to grow his hands to reach his pockets to have any hope of hanging on in the house.

splinter65

Losty Dublin wrote: »

Even the most modest house in most parts of Ireland will be worth €100,000+, so the point is fair. If it has been your home for any length of time then you will need to get the situation remedied as soon as possible, hence the advice about consulting a competent solicitor with a working expertise in property law or of wills, estates and probate. Threshold really won't be of any use here but you are welcome to try them.

A house in Clonmel sold for €12000 the other day.

4ensic15

splinter65 wrote: »

A house in Clonmel sold for €12000 the other day.

Clonmel is not most parts of ireland!

qwerty13

You need urgent legal advice OP.

If you can’t afford any legal advice, I’d get googling. I’d try Citizens Advice first, and go from there.

Given the seriousness of this situation, and the legal complexities of it, I think you really really do need professional advice. Can you really not afford it, compared with losing your home?