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Protecting a families home from being sold by a wayward single parent?

  • 21-02-2012 2:04am
    #1
    Registered Users Posts: 313 ✭✭


    Hi all, going to keep it brief, basically uncle hasn't properly grieved since his wife has died and is trying to bring up 4 children. He is drinking heavier than normal and is in a new relationship. The new relationship is more a symptom of the problem than the cause. Anyway long story short, he has a fab home on 6 acres, 3 of which he has recently sold privately for below market value out of desperation for money. Bearing in mind his weekly entitlements, his wifes life assurance, no mortgage and the single parent allowance. So basically in the last year and a half he has p***ed through 150 k with nothing to show. We are unsure where all the money is going. So we just want to ensure that the remaining 3 acres and home remain there until the children are all 18. Is there anyway this can be enforced upon him either with his consent or more forcibly? thanks


Comments

  • Registered Users, Registered Users 2 Posts: 26,713 ✭✭✭✭Peregrinus


    I’m assuming he is the sole owner of the family home and grounds.

    There’s not much you can do by way of forcing anything on him, short of getting him committed as a lunatic - and the facts you cite don’t come anywhere close to supporting a case for committal. He’s behaving very unwisely, but if that was enough we’d all be committed at one time or another. Ditto with the drinking heavier than normal.

    Basically, as you tell it, he needs to grieve and to remake his life. Unsurprisingly, there is no legal mechanism for bringing this about.

    You can talk to him and offers support and guidance, but this will require very great care, and there is no guarantee that it will achieve anything.

    You can also stay close to the kids. They will be grieving too. They need your support, and they may need it even more in the future, if your uncle does not get himself back on track.

    I’m sorry not to be more positive, but your problem here is not basically a legal one, and I don’t think it has a legal solution.


  • Registered Users, Registered Users 2 Posts: 1,342 ✭✭✭johnfás


    The technical legal solution is to have him made a Ward of Court. See link - http://www.citizensinformation.ie/en/justice/courts_system/wards_of_court.htm. However, as outlined above perhaps he simply needs alot of support. Taking legal action is likely to burn a lot of bridges but all these things are judgment calls.


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