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Land sold possibly illegal

  • 28-02-2021 3:32pm
    #1
    Registered Users Posts: 109 ✭✭


    Hi guys.

    I would love some help or guidance so I could offer some advice to my nieces.

    They've lost there mum to cancer at the age of 42 and there dad has a drink and drugs problem. My sister, their mum had been trying to divorce him for years and it went on for about 10 years, the only thing she wanted from the divorce was that they all got a site each for them to build.

    Tho in the end of 10 years she just let it go and divorced without the sites, tho while she was fighting for the site her ex husband sold the site behind her back to the brother, their uncle.

    I. Wondering is it illegal to sell property when he was still married to my sister.

    I look forward to your reply and am grateful of any advice as these girls are now left with nothing and only an unstable father 😥 and their uncle owns all their beautiful land ..

    Thanks in advance


Comments

  • Registered Users Posts: 1,315 ✭✭✭Lenar3556


    Who owned the land?
    Your sister was divorced at the time of her death? Or not? It’s not clear from your post.
    Did your sister leave a will? If so, who is the executor?


  • Registered Users Posts: 109 ✭✭rionn


    Sorry yes my sister was divorced before her death, we feel the sites were sold before the divorce and that he forged my sisters signature, he already done that to get a home load without telling my sister our his own daughters.


  • Registered Users Posts: 109 ✭✭rionn


    My sister would have nothing to do with the sites after her divorce but the girls dad had also promised them a site, but when they went looking to build they were informed by there uncle that he owns them now


  • Registered Users Posts: 3,261 ✭✭✭topmanamillion


    Maybe I've missed it but it's a bit unclear from your post who owned the land?

    To me it sounds like it was their father's land but your sister may have had a claim to it through marriage.
    She appears to have divorced her ex husband and walked away without looking for anything in terms of this land anyway.

    And that's most likely that unfortunately. It's morally questionable to promise children a site and then renege on it, legally its his to do as he will.

    Sorry for your loss.


  • Registered Users Posts: 109 ✭✭rionn


    Thank you for taking this time to help guide me, i wanted to be sure before we open a can of worms and extra pain for my nieces.

    Sorry for my unclear post, my sisters ex husband owned the land but she was entitled to half while they were married, my sister had told her solicitor that she wanted 3 sites for her kids in the divorce, her ex husband made the divorce very painful by not showing up to divorce court which made there divorce drag out over 5 years. In the end i think my sister just divorced without the sites.

    Now they find out that their father has sold and drank it away :(


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  • Registered Users Posts: 1,315 ✭✭✭Lenar3556


    Well if the property was his, and she didn’t manage to exercise any claim to it in previous divorce proceedings, which have now concluded, it sounds like the door is now firmly closed on this matter.

    Incidentally, marriage doesn’t automatically generate an interest (50% or otherwise) in a spouses asset. In a separation / divorce scenario it may be possible for one party to establish some entitlement to assets held by the spouse, but that is certainly not a foregone conclusion by any means.

    Forging of a signature would a serious matter and possibly amount fraud depending on the circumstances. But if this land was owned by him solely, he would have had no reason or need to require the consent of anyone else and no other signatures would be required.


  • Moderators, Society & Culture Moderators Posts: 6,769 Mod ✭✭✭✭nuac


    Mod
    Sugggest the parties concerned get legal advice. The alleged forgery should be reported to AGS



    e


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