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Old 01-12-2010, 03:45 PM
Help
 
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Default Joint Ownership of Family Home Between Siblings

Hello,

I would be very grateful if anyone could advise me in relation to my following situation: I have lived in my Family Home for the last 15 years and the first ten years were spent living there with my late parents, who both passed away five years ago. Whilst my parents were alive, I contributed to the upkeep of the Home and left my permanent job to care for my mother who was terminally ill on a full-time basis. My father who was also terminally ill, was in hospital and never came back home. My sister has lived abroad since 1985 and was not prepared to help care for my mother, as she wanted to focus on her career. She went back to Italy, safe in the knowledge that our mother was being looked after by me. This year, she took legal action against me through a Solicitor in relation to her half of the Family Home. I applied to my Bank for a mortgage but of course, as I am unemployed, they refused me. My sister's Solicitor stated that if I didn't agree to the Family Home being put on the Market, they would start Court proceedings and I would have to pay for the Court Proceedings. I have had to agree to my Home being put on the Market and it breaks my heart. Our late parents left the Family Home to both of us. Do I have any entitlements at all over my sister as I am an Irish Taxpayer, until I was unemployed, a year and a half ago, and have resided here for the past fifteen years, whereas, my sister hasn't lived here since 1985 and is employed by a UK company.
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Old 01-12-2010, 04:08 PM
mf1 mf1 is offline
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"Our late parents left the Family Home to both of us."

Therein lies your problem.

You should seek legal advice - you should have done so anyway once your sister started corresponding with you through solicitors. You may have some entitlement to a greater share of the estate by virtue of your caring role.

"as I am an Irish Taxpayer, until I was unemployed, a year and a half ago, and have resided here for the past fifteen years, whereas, my sister hasn't lived here since 1985 and is employed by a UK company."

All of this is irrelevant in the legal situation you are in.

mf
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  #3  
Old 03-12-2010, 11:55 PM
trailite trailite is offline
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Default Siblings and house

I can relate to your situation. I have posted here before and received good advice. Unfortunately I am unable to take my problem further.
(Court would be the next step)
It may come to that eventually.

What I say may not be what you wish to hear however.


I also live overseas, I share ownership of a house in Ireland with a sibling, a house that I wish to sell.
My sibling refuses to either buy me out, or put the house up for sale.

He is living there, rent free eleven years now. Even if he offered to pay me the going rate for rent, I would be happy to leave it for now.
(and not force the sale)

The legal advice I got, my Irish solicitor sent several letters over the years
asking him to either put the house up for sale or vacate. He ignored all such letters.

To push the matter further, I would have to take him to court.(seek a Partition Order??) or something like that.

I was told
a Barrister would be required to take this step. I felt I had no choice but to let it drop as I did not want to have to take my own brother to court.

As it stands he does not speak to me. I am out thousands in lost revenue.
(the house was rented out to others before he moved in himself)

Bottom line here, I can understand your situation, but I also see your Siblings point.

Can you offer your sibling some rent? After all the sibling owns half of the house.
If the house was left to both of you, fair is fair.
I commend you for taking care of your parents. It is sad to think you will loose your home, perhaps you can make some arrangement with your sibling to pay rent.
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Old 07-12-2010, 09:05 AM
BOXtheFOX BOXtheFOX is offline
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Quote:
Originally Posted by Help View Post
Hello,

I would be very grateful if anyone could advise me in relation to my following situation: I have lived in my Family Home for the last 15 years and the first ten years were spent living there with my late parents, who both passed away five years ago. Whilst my parents were alive, I contributed to the upkeep of the Home and left my permanent job to care for my mother who was terminally ill on a full-time basis. My father who was also terminally ill, was in hospital and never came back home. My sister has lived abroad since 1985 and was not prepared to help care for my mother, as she wanted to focus on her career. She went back to Italy, safe in the knowledge that our mother was being looked after by me. This year, she took legal action against me through a Solicitor in relation to her half of the Family Home. I applied to my Bank for a mortgage but of course, as I am unemployed, they refused me. My sister's Solicitor stated that if I didn't agree to the Family Home being put on the Market, they would start Court proceedings and I would have to pay for the Court Proceedings. I have had to agree to my Home being put on the Market and it breaks my heart. Our late parents left the Family Home to both of us. Do I have any entitlements at all over my sister as I am an Irish Taxpayer, until I was unemployed, a year and a half ago, and have resided here for the past fifteen years, whereas, my sister hasn't lived here since 1985 and is employed by a UK company.
You have lived in the family home since circa 1995. Your sister has lived abroad since 1985. There is nothing wrong with your sister working or living abroad.

You moved back in to the family home 10 years before your parents died? How come?

You say that you gave up your permanent job to look after your mother on a full time basis, yet you say that you only became unemployed a year and a half ago?

Is your sister married?
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