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Allowing adult child to live in second property - claim on property?

  • 12-06-2020 8:47pm
    #1
    Kittywhitty
    Registered Users, Registered Users 2 Posts: 9 ✭


    If you permit an adult child to live in a property while they are doing further postgraduate study - do they have a claim on that property. No mortgage, but bills in their name. One adult child is afraid the other adult child will gain a claim to the property - the adult child who is doing the postgraduate study also doesn't see herself moving out any time soon. The property is part of our pension.


Comments

  • #2
    L1011
    Registered Users, Registered Users 2 Posts: 71,112 ✭✭✭✭L1011


    Occupation by permission does not count towards adverse possession, unless rules have changed.


  • #3
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,773 Admin ✭✭✭✭✭hullaballoo


    Would depend on all of the circumstances whether the child has a claim to a proportion of the property after having contributed to the upkeep/maintenance of the property.

    It's relatively easy to contain any future fallout by engaging proper legal advice and having terms drafted for the duration of the occupancy by the child and setting out what any contributions are for etc.


  • #4
    Claw Hammer
    Registered Users, Registered Users 2 Posts: 6,541 ✭✭✭Claw Hammer


    Kittywhitty wrote: »
    If you permit an adult child to live in a property while they are doing further postgraduate study - do they have a claim on that property. No mortgage, but bills in their name. One adult child is afraid the other adult child will gain a claim to the property - the adult child who is doing the postgraduate study also doesn't see herself moving out any time soon. The property is part of our pension.

    If there is no mortgage and the occupant doesn't contribute to it, there is no way they can gain equity in the property. I would be more worried that if they are living there rent free there may be a benefit in kind claimed by the tax man!


  • #5
    3DataModem
    Registered Users, Registered Users 2 Posts: 4,077 ✭✭✭3DataModem


    Also just be careful if it is part of your actual revenue-approved pension fund... i.e. was purchased with funds for which tax relief was granted... then it is not permitted for you or your family to benefit from it (i.e. rent it out or live in it).

    I am guessing from context you don't mean this, but giving a heads up just in case.


  • #6
    Henry Ford III
    Moderators, Business & Finance Moderators Posts: 17,852 Mod ✭✭✭✭Henry Ford III


    Claw Hammer wrote: »
    If there is no mortgage and the occupant doesn't contribute to it, there is no way they can gain equity in the property. I would be more worried that if they are living there rent free there may be a benefit in kind claimed by the tax man!

    Can't see b.I.k applying. The student isn't an employee.

    C.A.T. might apply depending on the market value of the rent gifted.


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