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Sale Of Family Home

The law of the sea.

Sale Of Family Home

Postby Jorie » Wed Nov 09, 2016 9:09 pm

I have a rather complex question.

My father is one of eight children.  There are only two left now.  They, jointly, had interest in their parents home in Italy.  Up until his death, the oldest brother lived there for 36 years with his wife.  They were never required to make payment for their living arrangements(ie, they lived there for free).  Over the course of 36 years, the did make general improvements and maintenance to the home and did not request or receive any monies.

Now, his widow would like to sell the house.  She is under the impression that the house should be solely hers and she is asking for reimbursement for the repairs that were done to the home.

My question is this:  What rights does she have to the home?  Can she essentially claim the home herself since she inhabited the dwelling?  There is one widow of my fathers brother in Italy.  The remainder of the siblings or their widows/widowers are in Canada.

Any information you can give as far as what rights they have regarding the house or, a website that I can access this information and what topics to search under.

Thank you in advance for taking the time to answer my question.

Sincerely,

Anna Maria Amicucci
Jorie
 
Posts: 32
Joined: Mon Apr 07, 2014 6:56 am

Sale Of Family Home

Postby alleyne » Sat Nov 12, 2016 3:49 am

I have a rather complex question.

My father is one of eight children.  There are only two left now.  They, jointly, had interest in their parents home in Italy.  Up until his death, the oldest brother lived there for 36 years with his wife.  They were never required to make payment for their living arrangements(ie, they lived there for free).  Over the course of 36 years, the did make general improvements and maintenance to the home and did not request or receive any monies.

Now, his widow would like to sell the house.  She is under the impression that the house should be solely hers and she is asking for reimbursement for the repairs that were done to the home.

My question is this:  What rights does she have to the home?  Can she essentially claim the home herself since she inhabited the dwelling?  There is one widow of my fathers brother in Italy.  The remainder of the siblings or their widows/widowers are in Canada.

Any information you can give as far as what rights they have regarding the house or, a website that I can access this information and what topics to search under.

Thank you in advance for taking the time to answer my question.

Sincerely,

Anna Maria Amicucci
alleyne
 
Posts: 62
Joined: Sat Apr 02, 2011 10:05 am

Sale Of Family Home

Postby Aleekcheaahoosh » Wed Nov 16, 2016 11:55 am

You are right this is a quite difficult situation therefore i suggest you to appoint a lawyer. Generally speaking when someone possess uti dominus a land or an home for more than 20 years he is enttled to claim himself as sole owner. This could be the case.

Best regards

Davide Santini
Aleekcheaahoosh
 
Posts: 49
Joined: Fri Jan 17, 2014 12:50 pm


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