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Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10190
Experience:  Barrister 17 years experience
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My sister-in-law has a 50% share in a property with my wife.

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My sister-in-law has a 50% share in a property with my wife. My sister-in-law has no children and is not married. However, she is in a relationship with a divorced woman with 3 children. My wife and I have 3 children of our own. What are the risks of the partner, and or her 3 children, having a claim to the property. It is a valuable property in a "recession-proof" location hence my concern.
1. Since 1 January 2011, all cohabiting couples of whatever sex have rights to property adjustment orders over their partners property should they split up after having lived five years together or two years if there have been children of that relationship. It needs an order of the court in order that a property adjustment order be made. So, you need to realise that no matter who your sister in law lives with, whether man or woman, her partner will have a right to a share in her share of the property. No rights are ever given over the half share in the property owned by someone else, such as your wife. Essentially, your wife's share is untouchable no matter what happens between your sister in law and her partner. So any fear you may have in relation to your wife's half share are unfounded. A similar order can be made upon the death of your sister in law.
2. Secondly, the children of your sister in law's partner will never have any share in her half share in the property, unless your sister in law adopts those children as her own and becomes their guardian or parent. If she does so they have rights should she die in her half share, but not in your wife's half share.
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