IS SHE DUE ANYTHING NOW THAT THEY HAVE SPLIT UP?
Q My daughter is splitting up with her partner. They are not married and have no children. Her name is not on the deeds of the home, which is now being sold. How much can she expect to receive, if anything, from the sale? Where can she go for free legal advice? A She may have some ownership rights if she made a contribution to the purchase price of the house. Indirect contributions may include paying some of the other day-to-day expenses or doing unpaid work for the legal owner of the house. However, the courts have held that money spent or work done on home improvements are not contributions that give rights of ownership.
There’s a handy guide on www. citizensadvice.ie, which states: ‘Usually, where you can show that you have made a contribution to the purchase price of the house, you will be entitled to a share in the house in proportion to your contribution. For example, if you have shown that you paid off half of a mortgage that represented 90% of the purchase price, you would be entitled to 45% of the ownership of the property.’
There is also a redress scheme for cohabiting couples on citizensadvice.ie.
If she can’t afford a solicitor, she could go to the Legal Aid Board or Free Legal Advice Centres, both of which have centres across the country.
These services are often confused with each other but are quite different.
The Legal Aid Board is a State service. It is more extensive and is means-tested. Your daughter may have to make a contribution depending on her means. To qualify for legal aid, her disposable income must be no more than €18,000 per year.
She must also pay a contribution ranging from €30-€150 for legal advice depending on her income. The minimum contribution for being represented in court is €130 (including the advice contribution).
If a settlement is won in court, a deduction may be made to contribute towards legal fees. However, if the case isn’t successful, clients are generally not pursued. The contact details are: Tel: 066 947 1000 Lo call: 1890 615 200 Website: legalaidboard.ie Email: info@legalaidboard.ie
The Free Legal Aid Centre (FLAC) scheme also has offices around the country. It’s completely free but it offers a more limited service provided voluntarily by solicitors. For details of your local FLAC advice centre or for a referral, call 01-874 5690 or lo-call 1890 350 250. Note: Lo call numbers can be more expensive to call depending on your phone package. Q I am co-owner of the family home with my parents. The three of us are jointly named on the deeds. My five siblings are all married and own their own homes. If my parents have no will, if I survive them both will the house become mine? A It depends on whether you and your parents are joint tenants or tenants in common. Contact the solicitor who drew up the legal agreement in the first place. He or she was paid to give advice at the time and should be happy to explain it to your family again. If this is not possible, you should seek help from another solicitor, or avail of the free legal advice options listed in the previous question.
I imagine if the intention was to give you the house, then the property is held in what is known as a joint tenancy.
If this is so, the issue of whether your parents have made a will or not is irrelevant – the property should go to you.
However, if it is held as a tenancy in common, the share of the property will be divided among the closest relatives in accordance with the Succession Act.
In this case even if the property is willed to you, this could be open to challenge by a sibling who felt aggrieved and who can take what is known as a section 117 application to the courts. (Thanks to solicitors Ashleigh Ward, partner, and Annemarie Cusack, solicitor of Gleeson McGrath Baldwin (gmgb.ie) for help with this answer. They stress that it does not constitute full legal advice, which can only be provided by a solicitor.)