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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10530
Experience:  Barrister 17 years experience
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I am living at home with my sister. My dad and mum have separated

Customer Question

I am living at home with my sister. My dad and mum have separated and are not living at home. I am 23 and my sister is 17. My mother has recently threatened to take my dad to court for her share of the house...I am very worried. My dad wishes to sign over his share of the house to me and still provides for us. What is the law regarding the ownership of house? Thanks for all help
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.
1. The usual rule in relation to a family home, or a former family home, would be that it would be jointly owned as between the husband and wife. However, the first thing you should so is to check the title deeds and see who is named as owner. If both your mother and father are named as owners, then both of them will have a right to half the house. So, if your mother wants to sell or realise her half share, then you will have to buy her out, or else the house will have to be sold. I know this i snot what you want to hear. However, your mother is entitled to realise her half share should she wish. So, you should look at getting a mortgage to buy her out. Be aware that once a child is 18 (I know your sister is only 17) the right to live in the family home ends and there is always the possibility of it being sold, should one parent wish this to happen.
Expert:  Buachaill replied 1 year ago.
2. So whilst your father can sign his share of the house over to you, if your mother still wants to sell her half share, then the risk arises that the house will be sold. So, you need to sit down and speak to your mother.
Expert:  Buachaill replied 1 year ago.
3. Please Rate the Answer as unless you Rate the answer your Expert will receive no payment for answering your question.
Customer: replied 1 year ago.
What if my dad's name is ***** ***** name on the house, ?
Expert:  Buachaill replied 1 year ago.
4. If only your dad's name is ***** ***** deeds of the house, then your mother will have to apply for a half share as part of a separation application. However, she will certainly get her half share if she seeks it, as I have never seen a woman refused a half share in the former family home. So, I would advise you to proceed on the basis your mother has a half share as any court will grant her this.