Possesion of house

Submitted by mazar on Thu, 10/06/2010 - 20:59

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Hi, i will try to keep this simple. In short, my friend has asked me as he is not versed in computers to ask a few questions.

Basically his father has named the title deeds of his house over to his son. But the mother whose relationship to the father has soured over the last couple of years wants half of the house and is threatening to take both father and son to court(even though the father has happily given everything over to his son). The house has never been on her name, neither has she paid any bills. Both father and son have never ever asked her for money but she is adamant about spliting the family up. The son by the way lives with his wife and 2 kids, father and mother in the house. My friends questions are

1. Would the mother be able to take them to court and get her aledged share, even though the house is on the son' name?

2. If yes, how much would she be entiltled to?

3. Could the house share be split 4 ways as their is another brother, i.e. mother/father/2 sons?

The house was and is the

Submitted by Ian on Thu, 10/06/2010 - 21:53.

The house was and is the matrimonial home of the father and mother.

By virtue of their marriage the mother would have an interest in that house.

When the house was transferred to your friend the mother was still living there and therefore unless the mother consented to the transfer your friend took the property subject to the mother's interest and her right to live there.

The precise share of the mother will depend on the circumstances but I am guessing that the marriage is fairly lengthy since there are two adult sons. I would estimate her share to be at least 50%.

Normally the mother would seek a divorce and within those proceedings ask for a financial settlement. I cannot see a court making an order as is suggested in your third question.

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