Rights of OW. Not married to my father. My parents not divorced.

[IdoHaveAName]

Last year, my grandmother died leaving her house to my father. He already owns the farm as his father signed it over to him before he died.

I had reason to need to stay at my grandmother's house last year for a few weeks. My father was happy with this.

Anyway, I invited my own mother to visit me and the OW (who has been with my father 20 years) went apeshit.

Anyway, facebook was involved later that day. Consequently OW drove out to the farm/house to tell me with outstretched arms that 'I OWN ALL THIS'.

I told her that she was as thick as shit and my father is still married to my mother. She owns nothing.

My parents are legally separated but not divorced. Am I correct in thinking OW owns nothing but the shit on her boots?

I wouldn't have told her. What if she now insists on getting married to your father?

She won't own it but she could be left it in his will.

Well no divorce papers have come through to my mother yet.

My mother thinks there is not a chance in hell she could be left it as it would naturally go to his children (me and two siblings).

She might do. Have you seen his will?

And yes, he could also have transferred rhe property to her for tax reasons.

If your father wants to leave it to her then he can - his will, his choice.

Bluntness - he claims he doesn't need a will as there is no fear of him dying mwahahahaha. I am full sure he has a will however - it's just not anything that would ever be discussed.

He's a Mayo man and a bit astute with money. I honestly can't see him signing anything into her name - particularly land.

If your parents are still married I would have ought that anything your father owns is jointly shared with your mother

Ok, assuming (because I know my father) that he has not transferred anything into her name, would she ever get anything off him on his death?

If you have an expectation that all the property will be left to you and your siblings, you might have a nasty surprise coming

I wouldn't keep being a bitch to your father's partner, she could be your landlady one day

My parents are legally separated.

Wills can be overturned where all family members get a share. You would have to go to court if you were up for that fight.

I live in England now and couldn't give two shites about the farm. In any case my father has a long line of ancestors who live to be 100 (with every tooth in their head lol). I was just watching a film today so was wondering whether she was deluded that she was now a common law wife or something. If anything, everything will be left to my elder brother as has been done for generations. I cannot see a Mayo man transfer anything to her.

I think people may not have noticed the topic heading and don't know about Irish law?

I doubt your da signed over any part of his farm or family home to his girlfriend, it would be highly unlikely. He's still married to your mother, but legal separation muddies the water significantly.

I'd bet she owns jack shit though.

If he's a Mayo man are you in Ireland? The following is in relation to Irish inheritances.

If there's a will, a legal spouse is entitled to at least half the estate. If left less than this in the will, the spouse can decide to challenge the will. Children are not automatically entitled to anything but can challenge the will on the grounds that the deceased has not made sufficient financial provision for them.

If no will, the legal spouse is entitled to one third of the estate and the other two thirds is split between the children.

Citizensinformation.ie is good for this stuff.

If any assets are owned jointly (e.g. the family home) the asset passes to the surviving owner if the other dies.

If assets are owned as tenants in common, the portion owned by the deceased can be disposed of as they wish in their will - and if there is no will their portion of the asset passes according to the laws of intestacy.

Just seen your further updates. There is NO SUCH THING as rights for a common law partner under Irish law, and never has been.

littlewoolypervert - so my mum is the legal spouse?

Em, your father had the affair too? And he was the one breaking his marriage vows?

that's why I used the term deluded littlewoolypervert

Yes at the moment she is. But if your father was the sort of person to have an affair, is he the sort of person to divorce your mother to ensure she doesn't get a share of the farm?