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  • 27-03-2019 5:43pm
    #1
    Registered Users, Registered Users 2 Posts: 147 ✭✭


    Hello folks.
    My child's parent and i are not together, we never were married or cohabited.
    I own my own home.
    I'm considering changing my will, the child gets all I have in trust till 18.
    But is it possible in Irish law to write in a clause where the mother can reside here until her own death or her own house purchase?

    But the house remains in my child's name?

    Thanks


Comments

  • Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    what? wrote: »
    Hello folks.
    My child's parent

    I presume your child has 2 parents?


  • Registered Users, Registered Users 2 Posts: 1,150 ✭✭✭how.gareth


    4ensic15 wrote: »
    I presume your child has 2 parents?

    Yeah the op is the other one? That makes 2 parents unless I’m missing something obvious


  • Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    how.gareth wrote: »
    Yeah the op is the other one? That makes 2 parents unless I’m missing something obvious

    The o/p didn't say anything about any other parent.


  • Moderators, Education Moderators, Sports Moderators Posts: 10,973 Mod ✭✭✭✭artanevilla


    4ensic15 wrote: »
    The o/p didn't say anything about any other parent.

    I read it as two parents.


  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    4ensic15 wrote: »
    The o/p didn't say anything about any other parent.
    Didn't need to; they could rely on readers making the very assumption that you in fact made; that there is indeed a second parent, and that it is the OP.

    OP, you can make a will leaving your house to your child in trust. And you can give the trustees power to allow the child's mother to reside there (rent-free?) while caring for the child, while the child is a minor.

    Once the child becomes an adult things get more complicated, both practically and legally. Your adult child may not wish to live with its mother. Or, it may wish to sell the house and buy a different house (e.g. if it gets a job in a different city). You would want to consider factors like this before giving the mother a lifetime right of residence in the house.

    You will want to think about how the outgoings on the house, and the maintenance of the house, will be paid for while your child is a minor. The mother is unlikely to want to invest in a house she does not own.

    If your house is mortgaged, make sure you have life insurance that will clear the mortgage in the event of your death, and that you keep it up. Your minor child will be unable to pay the mortgage after your death.

    An alternative arrnagement might be that the house is let out, and the income used (a) to maintain the house, (b) to pay rent on another house for the mother and child and (c) surplus, if any, applied for the benefit of the child - e.g. education costs.


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  • Registered Users, Registered Users 2 Posts: 10,900 ✭✭✭✭Riskymove


    4ensic15 wrote: »
    The o/p didn't say anything about any other parent.

    OP refers to "my child" which I think is clear enough...


  • Registered Users, Registered Users 2 Posts: 147 ✭✭what?


    Peregrinus wrote: »


    Once the child becomes an adult things get more complicated, both practically and legally. Your adult child may not wish to live with its mother. Or, it may wish to sell the house and buy a different house (e.g. if it gets a job in a different city). You would want to consider factors like this before giving the mother a lifetime right of residence in the house.

    You will want to think about how the outgoings on the house, and the maintenance of the house, will be paid for while your child is a minor. The mother is unlikely to want to invest in a house she does not own.

    If your house is mortgaged, make sure you have life insurance that will clear the mortgage in the event of your death, and that you keep it up. Your minor child will be unable to pay the mortgage after your death.

    An alternative arrnagement might be that the house is let out, and the income used (a) to maintain the house, (b) to pay rent on another house for the mother and child and (c) surplus, if any, applied for the benefit of the child - e.g. education costs.


    Thank you for this, had figured something similar.

    Thanks all, sorry for the parental confusion, I talk better than I write.


  • Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Riskymove wrote: »
    OP refers to "my child" which I think is clear enough...

    He said his child's parent, which is himself.


  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    4ensic15 wrote: »
    He said his child's parent, which is himself.
    He said:
    what? wrote: »
    Hello folks.
    My child's parent and i are not together, we never were married or cohabited.
    Not even an idiot in a hurry could think that that in that sentence "my chlld's parent" and "I" refere to the same person.

    Yes, yes, he could have said "my child's other parent and I", but I struggle to believe that because of the omission of the word "other" you were genuinely confused. You knew exactly what he meant all along.


  • Registered Users, Registered Users 2 Posts: 24,441 ✭✭✭✭One eyed Jack


    Peregrinus wrote: »
    He said:

    Not even an idiot in a hurry could think that that in that sentence "my chlld's parent" and "I" refere to the same person.

    Yes, yes, he could have said "my child's other parent and I", but I struggle to believe that because of the omission of the word "other" you were genuinely confused. You knew exactly what he meant all along.


    Without clarification from the OP, I wondered did they mean that they weren’t the child’s legal guardian, as in they own their own home, and they and the child’s mother were never so much as cohabiting, let alone married, and I could only figure the question was predicated on the basis that they are of course the child’s father, but not the child’s legal guardian.

    I’m not sure how that could influence matters though?


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  • Registered Users, Registered Users 2 Posts: 147 ✭✭what?


    Without clarification from the OP, I wondered did they mean that they weren’t the child’s legal guardian, as in they own their own home, and they and the child’s mother were never so much as cohabiting, let alone married, and I could only figure the question was predicated on the basis that they are of course the child’s father, but not the child’s legal guardian.

    I’m not sure how that could influence matters though?

    yeah, I forgot the word other.


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