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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 13386
Experience:  Barrister 17 years experience
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I moved into my parents house...took out a mortgage....built

Customer Question

I moved into my parents house...took out a mortgage....built an annexe onto the house which my parents lived in and extra bedrooms and bathroom onto main house. We have lived here for the past 15 years and have raised my children in this house. I had an understanding with my father that I owned 50 percent.....my father has since died.....my wife and I seperated and will divorce. My wife and children remain in the house and my mother in the annexe. They have both fallen out beyond words and now my mother is taking us to court for 100 percent share in the house though I'm still paying the mortgage. Do I have a beneficial entitlement......equity or otherwise?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I havent. My mother has...its in Ireland...I'm now living in England. I just want what's fair and that's in my eyes 50 percent
JA: Where is the house located?
Customer: Ireland
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: County Dublin. My wife has her own lawyer as it was my mother and wife that couldnt come to an agreement.....I want to know what the likely outcome is.....I think our name might be in land registry as mortgage payers?? Nit on title Deeds
Submitted: 18 days ago.
Category: Republic of Ireland Law
Expert:  Virtual-mod replied 17 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 17 days ago.
I would like question answered
Expert:  Buachaill replied 17 days ago.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Expert:  Buachaill replied 17 days ago.

1.  This is quite a complicated set of facts for which more than one outcome is likely.  Essentially, if you and your wife´s account of the situation is accepted, then you will get 50% of the equity in the house and you will be named as joint owners.  However, if your mother´s account of events is believed, then she will end up with 100% of the equity in the house.  However, given that you took out a mortgage and there is still a mortgage remaining on the house, which you now pay, your account is more likely to be believed.  However, as litigation is hazardous, I cannot give you a definitive answer as to how the litigation with your mother will resolve itself.  I would advise you to seek mediation and attempt to reach some agreement with your mother whereby the equity in the house and the annexe is divided between you and so that both your wife and mother can continue to live there.  In the context of the litigation, you need to be careful that legal fees don´t eat up a lot of the equity in the house, with the result that it needs to be sold, simply to pay the legal costs.

Expert:  Buachaill replied 17 days ago.

2. My own view is that you will end up with a Declaration that you own half the equity in the house, but that the annexe belongs to your mother absolutely.  I see the court dividing the equity in the house but allowing both parties to continue to live there.  However, this view does not have the benefit of reading the case papers and examining the documents.  So, if you hire a solicitor and barrister to defend the case, you should get an Opinion from them as to the likely outcome before you embark upon litigating the matter.  They will have a more thorough view because they will see the Title Deeds, the Mortgage documentation and any other relevant material.  One question which you will be asked is whether there was any written agreement made between you and your father as to what was going to happen to the ownership once the annexe was built.

Expert:  Buachaill replied 17 days ago.

3.  I would also advise you to seek to reach some agreement with your mother as litigation is expensive.  You should also consider whether it might be better if your mother and your wife lived apart, if relations between them have totally broken down. This might help in reaching a settlement of the dispute.

Expert:  Buachaill replied 17 days ago.

4.  If you require any clarification, or if there is additional information you wish to share, I will be happy to assist further in the resolution of your question.

Customer: replied 17 days ago.
Thank you for your reply and insight. Unfortunately my burger diesnt want to do mediation as she thinks she should have it all and I have already received papers to say she is bringing us to court. I'v been looking for lawyers today who can represent me.
Customer: replied 17 days ago.
Ii meant my mother.
Expert:  Buachaill replied 17 days ago.

5.  If your mother won´t engage in any meaningful mediation, then you simply have to fight it out in court.  Ultimately, this means that legal fees will amount to a considerable amount of money.  This might ultimately mean that the house gets sold as both sides will have legal costs.  If you are looking for a solicitor, get one with litigation experience who comes well recommended by someone else who has been engaged in court proceedings.  For a case of this nature, you will have to retain a barrister, so get the solicitor to chose someone who is up to the job.