'Right of Residence' on a property: rights and responsibilities for both parties?

Am I missing something? Your parents decided that one of your brothers was to have right of residence for life in the family home. He's not dead so surely there is no question of him being asked to move, end of story.

Your role as executor is to carry out the wishes expressed in the will which means leaving the brother in the family home until he dies or leaves of his own accord.

@OH1 - If both these siblings have a ROR for life, then it is on their passing that the rest of you share, so until that happens nobody gets anything. It seems possible that X and Y could renounce their respective life interests and any other interests (eg Y has chalet and dies - X presumably then has a share in the chalet) in return for €xxx for X and €yyy for Y. Clearly if the settlement and the legal fees approach €170k why would any of the siblings agree etc.

I think the value needs to be set by the Group.

If the family agree (and thats the crunch) ..then seek legal advice as to whether it can be implemented ..there could be tax issues.

I am separated from my ex 2 years now. The home we lived in has a right of residence for his sister. The sister lives in the granny flat onto the house with its own entrance. there is an emergency door from the main house to the flat but used only in emergencies. However, my problem is that he remains in the house but cannot afford the full mortgage and I can't afford to pay anything towards the mortgage as I have to now live in rented accommodation and barely making ends meet. There are no children involved in this marriage and this was family home before we both took it over and deeds are in both our names. He can't afford to buy me out!!! how does one get around this! I do plan on going to a solicitor but just to have some idea for myself before hand would be much appreciated. thanks

It is quite likely that your lending institution required the sister to "postpone" her right of residence so that in the event of default, the mortgage could be enforced.

I have come across some cases recently where it seems that the only way to deal with matters is to ask the lender to repossess (if agreement can be reached with all parties) or issue proceedings to repossess where one or some of the parties is burying their head in the sand. Most of the main stream lenders are reluctant to take action - they want money, not the repossessed house so the problem simply escalates.


mf

Neon is the bank not writing too you about the fact that the mortgage is not being fully paid, have they not threatened to repossess?