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separated for 25 years but not legally divorced

  • 10-10-2013 2:54pm
    #1
    Registered Users Posts: 6


    my Mum and Father separated 25 years ago they are not legally divorced. He has not paid child support or paid for the house we grew up in. I have no memory of him as I was 3 when it happened and have never seen him since. My Mum is now terminally ill, his name is still on the house. She is currently working on a will. We have had someone contact him and first he agreed to remove his name, now after talking to his solicitor he wants a 1/5 of the house when we sell it after her death. I'm looking to see if anyone has had something similar happen or know of anyone who has and what the outcome was. He has a partner with whom he has 2 children and we found out that there is another child with someone else who may have been born while my Mum and he were together. I am hoping to hear about other outcomes or if any one knows of some where I can read up a lot on this subject


Comments

  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    You need legal advice, contact a solicitor

    No one here can give you legal advice.


  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    http://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/succession.html

    The surviving spouse/civil partner is legally entitled to the appropriate share regardless of the actual terms of the will. The fact that the parties may have lived apart for many years does not of itself affect their entitlements under the Act.

    Even if they were divorced for as long as was possible your father could still have a claim under Irish law.

    Get your mother to speak to a solicitor as soon as possible


  • Registered Users, Registered Users 2 Posts: 20,830 ✭✭✭✭Taltos


    Hi OP

    the two pieces of advice are all we can give you here. As well as the link from Ken there are a few others in our charter but getting legal advise really is your only and best option here. Unfortunately due to the nature of your request we have to close this thread as we cannot give legal advise.

    Sorry to hear your news
    Taltos


This discussion has been closed.
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