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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10110
Experience:  Barrister 17 years experience
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I own a property with my mother and we signed a joint

Customer Question

I own a property with my mother and we signed a joint tenancy agre ement. We fell out and I moved out of the property. My mothers solicitor asked me to sever the joint tenancy agreement. i agreed on condition that I was reimbursed the money that I had put into the property. Subsequently, my mother died and I was told that because my mother wanted out, but we signed nothing, that the joint tenancy agreement was severed. Is that true?
JA: OK. The Lawyer will need to help you with this.
Customer: Ok, so how does this work?
JA: Have you talked to a lawyer yet?
Customer: yes, but one day I was told that the house was mine and the next day I was told that it wasn't. I have no faith in him.
JA: What advice did they give you?
Customer: As above, mine one day and not he next. I never signed anything severing the joint tenancy. I would have if I was to get the money I had put into the property.
JA: Anything else you think the lawyer should know?
Customer: Yes, my mother was diagnosed with dementia. I am not sure what the time span was between the two things. But her solicitor wanted me to agree to sell the house and my mother was being cared for because of dementia. She was not capable of making that decision at least.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 3 months ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 3 months ago.

1. As long as you never signed anything severing the joint tenancy, then the joint tenancy remains in place. This means that you inherit the house directly and the house does not form part of your mother's estate. Whoever told you that the joint tenancy was severed is incorrect. If this is your mother's solicitor, then he is wrong. Be aware that because your mother had dementia, she could never have either severed the joint tenancy herself, nor could she have transferred the money to you, as she lacked legal capacity to do so. Accordingly, the joint tenancy is still in full force and effect and you have inherited the house upon your mother's death.

Expert:  Buachaill replied 3 months ago.

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