property laws and engagement to partner

daphnie22

Ok doing home work on the internet . I was engaged to my partner about 4 years ago gay relationship 7 years long , I am still living in the house we bought this year , his name on deeds not mine , I have paid deposit etc and been fixing house up , he asked me to marry him infont of family members I agreed , this house was bought as our home I had renovated the previous house to buy this one with him . I was told all along it was my home and that all the contributions i made it my home . and previous home . no mister man has left sending me a letter to vacate this house . just going thru legislation and legal crap on tinternet and found this

((((((((((((((((. If a dispute arises in the wake of a broken engagement, any property owned by them will be treated as if the parties were married (as per section 5 of the Family Law Act 1981, and section 44 of the Family Law (Divorce) Act 1996). This remains the case even when only one of the parties has a beneficial interest in a property – that is, the parties do not necessarily have to have bought the property together.)))))

do you think this would apply to a gay couple , I just imagine he will make my life hell and I have lost so much money on both houses .. any advice anyone

Tigger

I'm pretty sure two guys can't get engaged to be married till they can get married in ireland to fulfill any legislation
It's wrong in my opinion but I'd say it's the law
Ask a solicitor maybe there is a different legal angle you could take

Pro Hoc Vice

daphnie22 wrote: »

Ok doing home work on the internet . I was engaged to my partner about 4 years ago gay relationship 7 years long , I am still living in the house we bought this year , his name on deeds not mine , I have paid deposit etc and been fixing house up , he asked me to marry him infont of family members I agreed , this house was bought as our home I had renovated the previous house to buy this one with him . I was told all along it was my home and that all the contributions i made it my home . and previous home . no mister man has left sending me a letter to vacate this house . just going thru legislation and legal crap on tinternet and found this

((((((((((((((((. If a dispute arises in the wake of a broken engagement, any property owned by them will be treated as if the parties were married (as per section 5 of the Family Law Act 1981, and section 44 of the Family Law (Divorce) Act 1996). This remains the case even when only one of the parties has a beneficial interest in a property – that is, the parties do not necessarily have to have bought the property together.)))))

do you think this would apply to a gay couple , I just imagine he will make my life hell and I have lost so much money on both houses .. any advice anyone

If ye are living together for 5 years see sections 171 to 207 http://www.irishstatutebook.ie/2010/en/act/pub/0024/print.html

If it does not apply or even if it does the partner not on the deeds may have an equitable interest. But it would be better to get name on deeds. BTW Ireland does not currently have same sex marriage, it is civil partnership, while marriage in many ways it is not in the most important that being called marriage.

daphnie22

well the civil partnership , this new marriage thingy is coming into play next year i would imagine . well he wanted to do the whole civil partnership crap . lived with him for seven years in his solicitors letter he states we live togeather for one year ,, bs

Pro Hoc Vice

daphnie22 wrote: »

well the civil partnership , this new marriage thingy is coming into play next year i would imagine . well he wanted to do the whole civil partnership crap . lived with him for seven years in his solicitors letter he states we live togeather for one year ,, bs

Get legal advice.

daphnie22

Oh yea another thing soon he will inherit a pile do I have any rights on that .he lives on his mummys money 20k here 40k there

johnnyskeleton

daphnie22 wrote: »

Oh yea another thing soon he will inherit a pile do I have any rights on that .he lives on his mummys money 20k here 40k there

Another great question to ask your solicitor.

vinnie13

if you decide to follow this to the end be willing to loose cash to a solicitor plus costs to the other side if it went wrong, solicitors will promis the sun moon and stars,your ex obviously has the cash from mammy to fight you.
had you joint bank accounts?

can you prove you were living together for 7 years?
bills in your name esb phone etc?
reciepts from works carried out?

Pro Hoc Vice

burke027 wrote: »

Sounds to me like all ur intrested in is getting wjat u can.have u done n e thing to deserve the money he is about to get.
To be honest people like this annoy me.
What gives u the right to get money from his famiky.as for the house u paid the deposit ect look for thst back. They wat ur going u will leave another person struggling.
Get what u paid in and no more.

That's jus my 2cents

Being Devils Advocate, The 2010 Act was set up to support a cohabitant who was made economically disadvantaged because of the actions of the other partner and the partnership.

An example the ex is say 20 years older, says look my family are rich why don't you give up college and we can have a great life together. Also the ex borrows the deposit for the house, and the younger partner gives up everything and they live happily together with the younger partner doing up the house and doing all house work etc. some years later they break up. Well the Act allows for the poorer person to apply to the court for redress.

But in general I of agree with your point, and best to just leave with what you put in.

daphnie22

Ok He come from money . 14 years older 46 . and I gave up my life for him to look after him and his bloody house , restored renovated this house previous one and cared for his family . he lived on mummy money I lived on nothing . I had bills reciepts etc etc but he stole them all , the house was paid cash , the big old house by the sea ... I just want the monies I put into the house back and all my hours of slogging and hard work . and for all my time . I paid the deposit in good faith , renovated the house in good faith , to find out he landed himself a 22 year old . and I did up there home , bum deal anyway I suppose my heads wrecked

daphnie22

as for leaving somebody struggling ,, its me he has a big pile in the country and here . which he never had any interest in . I spent hours weeks working hard and struggling . all I want is respect . and given my fair dues . I deserve it at least

Pro Hoc Vice

daphnie22 wrote: »

as for leaving somebody struggling ,, its me he has a big pile in the country and here . which he never had any interest in . I spent hours weeks working hard and struggling . all I want is respect . and given my fair dues . I deserve it at least

And the law maybe able to help, get legal advice. It will be easy to produce evidence ye lived together for more than 5 years. Are bank accounts in your name at the address, is your name on any utility bill, are you registered to vote, did any friends visit you at the house over the years.

daphnie22

Have Bank accounts , registered to vote , utility bills . and registered to vote at property and family and friends stayed over , is anyone ever successful in these cases

Pro Hoc Vice

daphnie22 wrote: »

Have Bank accounts , registered to vote , utility bills . and registered to vote at property and family and friends stayed over , is anyone ever successful in these cases

I would think difficult to say the law only came in 2010, have not heard of any cases yet (but then family law not my gig). But best to seek legal advice, you seem to have evidence of living together, try and get evidence if what you invested and what work you did on the house.