Ann is Joe's committee has access to his money and has refused to pay Joe's half also. No mortgage been paid in long time. Ann pays nothing towards house.
Brenda has her own mortgage now and couldn't afford to pay her half of the mortgage on the property owned jointly by her and Joe.
she has put over 90k into it before she was forced out.
Brenda and husband assaulted when tried to call to house.
However Ann has said she will not leave if this ever happens and will be staying in the house.
Solicitors useless don't want to deal.
Brenda has tried to move back and start repayments but Ann threats stopped her.
This is something that Brenda needs to look into more closely.I know nothing about the law...
1) The first question is whether Ann is acting in Joe's best interest? Can you get Ann removed from the committee?
Brendas husband owns property as she could not get on a mortgage due to being blacklistedIf Joe is not paying his mortgage when he can afford to do so, there is a risk that he will lose his home. Surely that is not acting in his best interest.
2) How much is the house worth and how much is outstanding on the mortgage?
Ah, there is €200k equity in it.
Does Brenda own a separate property with a separate mortgage?
Yes reported but they said they won't be involved as it's family dispute. Brenda should have pushed this further but at the time mental health was poorWhat has that got to do with Ann? If Brenda has borrowed too much, then that is her problem.
Unless it was intended that Joe pay the full mortgage and Ann was just named on it.
It was to be 50/50 but Ann forced her way in and bullied Brenda out. Brenda met her husband and decided for Joe and her it would be better plus she wanted peace in her own life. She continued to visit Joe but that stopped after the assault
3)
Did you report this to the Gardai? You should do so. It will stand to you later when you try to get the house back.
I will say this to Brenda for sure, it was discussed before but times were hard so she in better position now.4)
I don't think you should sign over the house as you will own it in full when Joe dies.
5)
She can tell that to the judge.
6) I think you should make a monthly payment of a token amount - maybe €100 on the mortgage to show that you are not walking away from it.
You should also send a full statement to the lender setting out the issues and that you are seeking to sort them out but are finding it very difficult.
Nobody wants this case. Very complex but she needs new solicitor for sure. Problem is finding oneChange solicitors.
This is a difficult problem and even a good solicitor might not be able to solve it. But many solicitors are useless, so try another one.
Joe passed will the house be split between the siblings?
On Joe's demise - if intestate - Succession act will apply. No spouse, children or parents so estate split between siblings.How would Ann get a portion when she has not contributed to the mortgage and the house is owned by Joe and Brenda only
What rubbish, assault is a crime full stop.they won't be involved as it's family dispute
Ive tried to push her to persue it there was photo evidence and doc reports but cops did not want a bar of it. Brenda was terrified and just wanted away at that stage.What rubbish, assault is a crime full stop.
One other sibling who keeps as far away from Ann as possible.On Joe's demise - if intestate - Succession act will apply. No spouse, children or parents so estate split between siblings.
thats if Brenda signs over her 50% ownership to Joe, assuming there are no other siblings she gets it back when Joe passes.
Personally, I'd walk away; do the best you can for Joe but otherwise leave the hare sit.
Agree re resuming what you can afford re mortgage payments, so at least you show willing.
your last contributor (Sue Ellen) makes the most important point - Joe is an adult and is a ward of court and may not be able to protect himself from abuse or financial abuse.
Jaynedoe or any person who is concerned about Joe and his actual safety, his assets ( his home) in this case, and also his right to live with who he wants to live with - should contact the HSE.
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