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"Desperate" what are my rights???

  • 10-12-2008 7:45pm
    #1
    Registered Users, Registered Users 2 Posts: 3,002 ✭✭✭


    Hi,

    My partner of 12yrs has asked me to leave her house as she owns it.

    We have two sons together aged 10yrs and 11yrs. She also has two older sons from her marriage aged 24 and 22yrs.

    For the past couple of years i have bnot been getting on with her 22yr old son and today i had a small verbal confrontation with him and now his mother my partner has asked me to move out, she says she can't take all the hassle anymore yet i am the only bread winner in the home.

    I don,t want to leave my two sons and i am not sure who or where to turn to.

    Please advise urgently!!!!!


Comments

  • Closed Accounts Posts: 9,496 ✭✭✭Mr. Presentable


    Get out. Take a hotel room, tell her nothing. Call her on Saturday and talk. Space is needed.


  • Registered Users, Registered Users 2 Posts: 78,577 ✭✭✭✭Victor


    nipplenuts wrote: »
    tell her nothing
    Well tell you you are going to take a few days. Don't freak her out by just disappearing.

    There are services out there to help couples and families through things like this. Some are religiously-based and/or marriage based. However, more recognise that it is the relationship and family as a whole that count and you don't need to be religious or married to get their help. There is usually no or only a modest fee.


    www.accord.ie/marriage_and_relationship_counselling/
    www.mrcs.ie/

    http://www.welfare.ie/EN/Press/PressReleases/2007/Pages/pr300107.aspx


  • Closed Accounts Posts: 994 ✭✭✭Carrigart Exile


    IrishHomer wrote: »
    Hi,

    My partner of 12yrs has asked me to leave her house as she owns it.

    We have two sons together aged 10yrs and 11yrs. She also has two older sons from her marriage aged 24 and 22yrs.

    For the past couple of years i have bnot been getting on with her 22yr old son and today i had a small verbal confrontation with him and now his mother my partner has asked me to move out, she says she can't take all the hassle anymore yet i am the only bread winner in the home.

    I don,t want to leave my two sons and i am not sure who or where to turn to.

    Please advise urgently!!!!!

    Not sure on irish law, but in Scotland the Matrimonial Homes Act prevents her just throwing you out. You have a right to be there.


  • Registered Users, Registered Users 2 Posts: 7,008 ✭✭✭not yet


    Not sure on irish law, but in Scotland the Matrimonial Homes Act prevents her just throwing you out. You have a right to be there.

    Sorry Ted, but it sounds like they are not married. Anyway he should leave to give her space,then sit down and see whats going on next week.


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    Get legal advice - quick! Don't move out of the house, or you could find that you will never be able to move back in again.

    Have a look at the rollercoaster board on Separation & Divorce - you may get some concrete advice from people who have been through this -
    http://www.rollercoaster.ie/boards/default.asp

    USFI and treoir may also be able to help - www.usfi.ie , www.treoir.ie - both groups deal with unmarried or separated parents.

    Good luck.


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  • Closed Accounts Posts: 55 ✭✭littlemisspiggy


    In Ireland if the "partner" has been living in the house for more than 3/5 (can't remember which) years and has been contributing to the mortgage then the partner has rights to the property even if they are not married and is not on the title deeds. Your local Solicitor should be able to give you more precise advice but that's the gist of it.

    Also the fact that you have kids together puts you in a stronger position. You don't have to be married anymore to be treated as a couple/family legally. There are now laws and regulations for "co-habiting" couples.


  • Closed Accounts Posts: 757 ✭✭✭milod


    OP, you need to read the facts here:

    http://www.citizensinformation.ie/categories/birth-family-relationships/problems-in-marriages-and-relationships/property_rights_and_the_breakdown_of_a_non_marital_relationship

    As a non married couple, you don't have many right over you partner's property. However the fact you have had kids, and as breadwinner may be paying the mortgage, does give you rights.

    either way, it's time to see a solicitor unless you can talk her down...


  • Closed Accounts Posts: 184 ✭✭ibuprofen


    Here's a great link that explains the legality of the situation.

    http://archives.tcm.ie/businesspost/2003/06/08/story92388419.asp

    If you're the only bread winner you most probably have a right to the house therefore she can't just throw you out.
    Her kids are now old enough to move out of the house. But this is an issue you will have to resolve with your partner first and then her son. Maybe you could suggest group therapy to resolve issues in the household.


  • Registered Users, Registered Users 2 Posts: 2,537 ✭✭✭Gyalist


    The OP didn't say whether or not there was a mortgage on the property. She could have got it from her previous relationship, inherited it or even bought it herself.

    For the sake of your own mental health I'd advise that you do seek alternative accomodation and arrange to see a solicitor to sort out access/maintenance for your kids.

    Living with that sort of tension in the home isn't good for anyone.


  • Registered Users, Registered Users 2 Posts: 14,378 ✭✭✭✭jimmycrackcorm


    It sounds more like a temporary flare up that will die down in a few days. We all say some very harsh stuff in the heat of the moment.


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  • Registered Users, Registered Users 2 Posts: 81,220 ✭✭✭✭biko


    If you do move out temporarily it show you respect her wish. This will count towards reconciliation.


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