# Squatter in mothers house



## Toffeehead (28 Jul 2013)

I need advice regarding getting access to my mothers house.
My parents jointly owned a house until my father died a few years ago, he was in hospital/care home until he died. As my mother was already in a care home their house was empty.
About a year after my father went into care my step brother ( same father) moved in based on a verbal agreement with me which was for 6 months, he was renting at have time and seemed silly when there was an empty house there.
He has now been there about 6 years and refuses to move out, he is now ignoring all efforts at communicating. He did previously demand a large sum to reimburse for work done on the house. There was never any agreement even discussed about this nor the fact that such work was going to be done.
He has spent money on the house but nowhere near what he us asking and no rent has ever been paid.
As my father is now dead the sole owner is my mother who is not the occupants mother, so I believe he has no right of inheritance as never adopted and did not live with us in this house.
My mother is quite ill and unable to communicate to give power of attorney or start eviction proceedings. 
I am looking to find a way to secure my mothers property, not to sell or gain from it, basically to stop my step brother claiming it as his own which seems to be his intention.
As my mother is basically disabled and can't communicate it seems she has no rights to have her property protected.
I think technically he is a squatter, can I gain access when he goes on holiday and change the locks acting in my mothers best interest?


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## Brendan Burgess (29 Jul 2013)

> My mother is quite ill and unable to communicate to give power of attorney or start eviction proceedings.



Can she not be made a ward of court?


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## Toffeehead (29 Jul 2013)

Because if her condition and inability to communicate it is not possible to determine menal capacity and I believe ward of court requires mental incapacity to be established. In saying that we believe she is mentally capable but it is impossible to test it.
Is there a way of acting as her property manager?
Or does Ireland have an equivalent to protected intended occupier


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## WizardDr (29 Jul 2013)

@Toffeehead I think the 'Ward of Court' is what you may need. See here http://www.citizensinformation.ie/en/health/legal_matters_and_health/wards_of_court.html

Howver, there are a number of matters that you need to consider:

- how did the property get into joint ownership?
- is the legal ownership a 'joint tenancy' or a 'tenancy-in-common'?
The latter passes by way of will, the former on death to survivor.

Was your father divorced or did his wife die? 
Did your father leave a will? If your Stepbrother was not adequately provided for he may have a claim under s117 Succession Act.

Also was there any situation where his father and your mother agreed/cosnented / wished for some arrangement for your step brother.

Whether you like it or not, he is not outside the tent as it were.


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## Brendan Burgess (29 Jul 2013)

What is your solicitor or your mother's solicitor saying about it? 

Brendan


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## Toffeehead (29 Jul 2013)

The property is was jointly owned as bought while married
My father had a will which basically left everything to my mother.
The rest of us had small items left to us in the will, myself, sister and step brother, more sentimental items really.
My father was not divorced, his first wife died
I am not aware of any arrangement made between my parents.
There was a verbal family agreement that when the time comes everything just goes 3 ways to be fair all round but he now send to have other ideas.

My mother in unable to engage a solicitor, any solicitor I have spoken to seems to reach a dead end unless I fork out big bucks for a barrister to look into it.


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## WizardDr (29 Jul 2013)

@toffeehead

I am assuming that your Mum is sole owner of property - which she would be on death of your Dad if it was 'joint tenancy'. I stress this because there is another way of owing property and thats 'tenants in common'

There are no divorce issues so it would seem to me that if your mother has no will then in the event of her passing the S67 (4) of Succession Act 1965 applies "... If all the issue are in equal degree of relationship to the deceased the distribution shall be in equal shares among them; if they are not, it shall be per stirpes.."

It could be the case that your Step brother has no rights at all - as you seem clear that he was not adopted. That is also the reason why the Joint Tenancy / Tenants in Common issue is important.

You seemed clear that all were happy that this would be three way i.e. 1/3 to step brother,

Your other issue is 'adverse possession'. Basically if he occupies for 12 years he may well achieve title by adverse possesion.

I would go in the first instance to either Citizens Advice and FLAC  - just so as you get another view.

It seems to me that the three way deal is more than fair, however if you do nothing - you may get nothing.


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## Toffeehead (29 Jul 2013)

What is the difference between  Joint Tenancy / Tenants in Common?

I believe the 3 way split is fair but my step brother is also demanding reimbursement for works done to the house. He has actually said he wants his reimbursement and then 1/3 if the remainder.
This is obviously unfair as no rent has been paid and he is taking advantage of an elderly sick woman.
I have seen info about not being able to force entry while squatters are in situ but what if they are away? Can I gain entry then to protect my mothers property?


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## WizardDr (30 Jul 2013)

@Toffehead basically a joint tenancy means that where two (or more) people are in a 'joint tenancy' that where one dies, the other becomes sole owner i.e. its a joint ownership but not a 'share' so it passes on death.

Tenancy In Common is a share - so this passes on inheritance i.e. its as asset in your estate.

Well given that there is some agreement, it might be possible to settle this.

Rent currently is c.8% of asset value.

Tot up the repairs.

Compare the two.

I think you are not (yet) in a position to act. 

You don't say where your mother is. Would she have been required to agree a % of house on 'fair deal'?

I know its a bit intrusive but sometimes some more facts can change the advice.

You could go down the Courts and inquire about Ward of Court. They will tell you 1st hand the procedure- and it will cost nothing.

You do seem very reasonable and meeting your step brother in a constructive manner. He may be entitled to nothing.


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## dereko1969 (30 Jul 2013)

You state in your OP that your step-brother moved into the house with your permission. Did your mother or father or the other sibling (who is not mentioned anywhere as having a view) agree to this? Playing Devil's advocate neither of you had the standing to make that decision for them for this to happen, so calling your stepbrother out on it could be difficult.

Do you still have a key to the house, have you actually tried calling into the house yourself and seeing if the locks have been changed?


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## Toffeehead (30 Jul 2013)

I think it would be joint tenancy then as both parents are in the deeds and my father will leaves it to my mother.
As mentioned it was agreed that my step brother move in, both I and my sister thought it was the best thing to do, we are aware that as non owners we didn't really have the right to give permission but we put ourselves in our fathers shoes and did what we thought he would want.
My mother did not express any opinion as too unwell to do so.
My mother is in a residential home, as far as we know she has never made a will so we assume her estate will technically pass to her 2 biological children but as stated the fair thing is to split things 3 ways.
At this stage the rent he has saved is equal to what he is claiming back however the sum he is claiming seems inflated considering what has been done. He has never produced an invoice it receipt when requested.
The locks have been changed and I don't have a key, not my sister.
I am pretty fair but don't want to be taken advantage of.
I suspect he has been advised not to have any contact and is just biding his time.

I am looking for a way to halt the clock on adverse possession or get him out and lock it all up.
I realise we did not have the right to give permission for him to move in but that means he does not have the owners permission not the owners agreement to reimburse for improvements done, and due to the owners illness she can't ask for rent, evict or express a wish in any way. He is basically trying to steal a house from a very ill old lady who can't stick up for herself and as the law stands I can't stand you for her either.


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## WizardDr (31 Jul 2013)

@toffeehead - you must establish the title here, because if it was left by will - then that indicates a tenancy in common. (This may not be the case and it may have still be a joint tenancy. This needs to be established.

The only way to stop the clock running is for your step brother to acknowledge your mothers ownership - and this may not be achieved merely by acknowledging to you.

You need to consult a solicitor as there is a fair bit in this. FLAC are super.

You could approach the Court Office as I mentioned and get very clear directions, and you may be able to do this yourself.

You have work to do.


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## Toffeehead (31 Jul 2013)

Thanks, by establish the title do you mean check if both names are on the deeds?
It was in joint names before my father died and the will left it to my mother who was already named on there. If that makes sense

I think I will visit FLAC and see what happens. It's just a nightmare I wasn't expecting to have to deal with!
Am I right in saying the court office will advise me regarding ward of court?


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