Rights to house after 13yrs?

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Leo
 
It is doubtful if she could claim squatters rights so the answer is no.

The best case is that if the house is sold that she will get some contribution, however in the absence of any paperwork the father could claim for 13 years rent if he is so minded and he gets a like-minded lawyer.

In whose name were all the bills for the past 13 years, insurance esb etc
 
hastalavista said:
In whose name were all the bills for the past 13 years, insurance esb etc
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Makes no difference who's name the bills are in - for rental properties its usually the tenant, not the owner.

The fact that she does repairs also makes no difference - fully repairing leases/licenses are very common in the commerical sector and not uncommon in the residential sector.

In the end of the day, its the fathers property and he's free to do what he likes with it. Has your sister considered buying the house? Or at the very least, taking out a long term lease and paying rent etc.(which would give her some security - property could be sold as rental property with sitting tenant).
 
In relation to squatters rights the one month visit broke the 12 year basic requirement, that is assuming there was NO contact for 12 years.

The Irish law on this is very different to UK, much harder to achieve it here
 
shane55 said:
What I think he might try to do is borrow money and use the house as collateral, he would not be able to repay the loan and hence lose the house.Would she have anything like squatters rights as he walked away from the house 13 yrs ago
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A house that is being used as collateral by the owner could hardly be described as 'abandoned' by its owner. I think your sister should forget about the squatters rights - this is very clearly not a squatters right situation as the father is fully aware the sister is living there and is consenting. Your sister would be legally regarded as living in the house under (verbal) license from your father.

Though, if the house gets repossessed and is sold by the bank, your sister could buy it from the bank and will probably get a good deal. Would also eliminate any family concerns as the house would be on the open market.
 
shane55 said:
I dont think my father would actually sell the house as such as it would cause all out war. What I think he might try to do is borrow money and use the house as collateral, he would not be able to repay the loan and hence lose the house.
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Once point which might reassure you and your sister is that unless he has a regular income and a clean record of paying back loans, the chances of him getting a mortgage on the house are very slim.

If it is quite clear to you that he could not pay back the loan, then it should be clear to the bank.

Also, he will have to tell the bank that he does not have vacant possession of the house, that there is a non rent paying tenant for the last 13 years. This might mean that the bank will not consider it good enough collateral for a mortgage.
 
"She has really acted as the owner of the house since my father left. "

Your approach is that she has acquired or should have acquired some rights. The reality is that she and your father ( and presumably, the rest of the family) stuck their heads in the sand and never dealt with the situation. The house is his, not hers.

The father may not be able to borrow from a Bank but someone else might lend him money and take the house as security.

mf
 
Why shouldn't the father sell or mortgage the house if he so wishes?

Why on earth did your sister not get the house transferred to herself before investing in it? Can she not rent or buy somewhere else for herself?
 
I agree Shane with the previous comments.

You can't help people like your sister who don't want help but there's no way you should offer to let her stay with you, even for a temporary stay.
 
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