At what stage does a girlfriend have a right to a part of your house?

zzboardzz

Ive never had to consider this before but Im concerned about it now.

If girlfriend moves into my mortgaged house - when is she entitled to a part of it?

Kevin McCloud

She will own the ensuite after 3 weeks anyway.

I think it's 5 years, and less if ye have kids

citzensinformation.ie should have the details

Duggy747

When the bathroom is over-flowing with beauty products, a wall of shoes emerge, the fridge and all of the cupboards are taken up with her food, and all the furniture and cultlery has been moved to her liking then you know you've lost the house.

Best get started on finding a stick and a bandana to pack your essentials in, you're soon to become a travelling hobo :pac:

MonkeyTennis

and a good 3/4s of the double bed

ytpe2r5bxkn0c1

zzboardzz wrote: »

Ive never had to consider this before but Im concerned about it now.

If girlfriend moves into my mortgaged house - when is she entitled to a part of it?

Never. Useless she is contributing to the mortgage she gets nothing and even then it's extremely difficult to make a case.

smash

Make her pay rent and treat her like a tenant... With benefits!

smoking_kills

4 years, after that you will need his/her consent to sell it.

Joe prim

Save yourself a lot of grief, just find some woman you hate and buy her a house!

howamidifferent

Best to let it out and rent a place with her...

sbsquarepants

She's a woman. She owns it already, she got half when you seen her for the first time and the remainder when you said hello. That's Irish law for you!

Turtyturd

Fair to say we have conclusively solved this conundrum.

jjbrien

If you married her then she would be entitled to half of the house if you divorce. If you put her on the deeds she would also be entitled to her share, otherwise she dont have a case.

Cleveland Hot Pocket

Never.

I thought there was something more explicit about numebr of years which I can't find?

Information

If a cohabiting couple in Ireland splits up, the family home (and other family assets) will belong to the person who holds the legal title to the home/assets. This means that in the case of the family home, the person who originally bought the house and whose name is on the title deeds will usually own the house. Read about joint ownership of property and cohabiting couples here.

However, if your relationship breaks down and your name is not on the title deeds to the house, you may still be able to show that you have some ownership rights in relation to the house. These rights are based on the fact that you made a contribution to the purchase price of the house with the intention of gaining a share in the ownership of the house.

Contributions to the purchase price of the house can be direct or indirect. Direct contributions include contributions to the initial down payment for the house or contributions to the mortgage installments. Indirect contributions may include paying some of the other day-to-day household expenses or unpaid work in the legal owner of the house's business. It has been held by the courts that working in the home looking after children and money spent or work done on home improvements are not contributions that give you any right of ownership in relation to the house.
http://www.citizensinformation.ie/en/birth_family_relationships/problems_in_marriages_and_other_relationships/property_rights_and_the_breakdown_of_a_cohabiting_relationship.html


Oh I think this is it
http://www.citizensinformation.ie/en/birth_family_relationships/problems_in_marriages_and_other_relationships/redress_scheme_for_cohabiting_couples.html

Qualified cohabitants
A financially dependent cohabitant may be able to apply to the courts for redress if the relationship ends as the result of death or otherwise. In order to apply for redress you must be a qualified cohabitant, that is, you must have been:

A cohabitant for at least 5 years or
A cohabitant for 2 years if you have had a child with your partner
However, if one of you is still married, then neither of you may be a qualified cohabitant until the married person has been living apart from his/her spouse for at least 4 of the previous 5 years – in effect, until he or she is entitled to seek a divorce.

The redress arrangements applies only to those qualified cohabitants whose relationship ends after the Act commenced on 1 January 2011, but the time spent cohabiting before that may be taken into account.

Redress orders
If you are a qualified cohabitant, you may apply for orders such as maintenance orders, property adjustment orders, and pension adjustment orders and related orders such as attachment of earnings orders. You may also apply for provision to be made from the estate of a deceased cohabitant. You do not have any automatic right to get such orders.

PizzamanIRL

When she silently kills you in your sleep.

Plazaman

Norah Numerous Pane wrote: »

Never. Useless she is contributing to the mortgage she gets nothing and even then it's extremely difficult to make a case.

+1. If you're name is the only name on the mortgage and deeds, she can whistle dixie. Even if she pays the mortgage, she'd need to keep receipts, transaction slips and bank statements and even then, she can only look for refund of money paid. Don't sign a joint anything unless you're 100% in lurve.... or unless she has big boobies.

Rubberchikken

my nephew is saving for his first house.
gf has expressed delight at the though, but the realationship is fairly new and he isn't seeing the house as theirs. have suggested he talk to a solicitor when he is nearer the purchase. a person has to look after themselves.

Macavity.

It should be never.

smoking_kills

bluewolf wrote: »

I thought there was something more explicit about numebr of years which I can't find?

Information

If a cohabiting couple in Ireland splits up, the family home (and other family assets) will belong to the person who holds the legal title to the home/assets. This means that in the case of the family home, the person who originally bought the house and whose name is on the title deeds will usually own the house. Read about joint ownership of property and cohabiting couples here.

However, if your relationship breaks down and your name is not on the title deeds to the house, you may still be able to show that you have some ownership rights in relation to the house. These rights are based on the fact that you made a contribution to the purchase price of the house with the intention of gaining a share in the ownership of the house.

Contributions to the purchase price of the house can be direct or indirect. Direct contributions include contributions to the initial down payment for the house or contributions to the mortgage installments. Indirect contributions may include paying some of the other day-to-day household expenses or unpaid work in the legal owner of the house's business. It has been held by the courts that working in the home looking after children and money spent or work done on home improvements are not contributions that give you any right of ownership in relation to the house.
http://www.citizensinformation.ie/en/birth_family_relationships/problems_in_marriages_and_other_relationships/property_rights_and_the_breakdown_of_a_cohabiting_relationship.html


Oh I think this is it
http://www.citizensinformation.ie/en/birth_family_relationships/problems_in_marriages_and_other_relationships/redress_scheme_for_cohabiting_couples.html

Qualified cohabitants
A financially dependent cohabitant may be able to apply to the courts for redress if the relationship ends as the result of death or otherwise. In order to apply for redress you must be a qualified cohabitant, that is, you must have been:

A cohabitant for at least 5 years or
A cohabitant for 2 years if you have had a child with your partner
However, if one of you is still married, then neither of you may be a qualified cohabitant until the married person has been living apart from his/her spouse for at least 4 of the previous 5 years – in effect, until he or she is entitled to seek a divorce.

The redress arrangements applies only to those qualified cohabitants whose relationship ends after the Act commenced on 1 January 2011, but the time spent cohabiting before that may be taken into account.

Redress orders
If you are a qualified cohabitant, you may apply for orders such as maintenance orders, property adjustment orders, and pension adjustment orders and related orders such as attachment of earnings orders. You may also apply for provision to be made from the estate of a deceased cohabitant. You do not have any automatic right to get such orders.

Its 4 years, Me and my wife bought a house 4 months ago. I lived in HER house (deeds in her name) for 6 years prior to that. She needed my consent to sell it. But i have no right to any profit from the sale. Our solicitor explained it to us. Its was interesting as with the ownership laws and the like you could see teh culture/society change and the laws changing with them.

Larbre34

Rubberchikken wrote: »

my nephew is saving for his first house.
gf has expressed delight at the though, but the realationship is fairly new and he isn't seeing the house as theirs. have suggested he talk to a solicitor when he is nearer the purchase. a person has to look after themselves.

gf needs to be set straight, better now than later. Other than that, make sure all she buys is food and ornaments. No utilities, no mortgage, no management fees.

The_Captain

zzboardzz wrote: »

Ive never had to consider this before but Im concerned about it now.

If girlfriend moves into my mortgaged house - when is she entitled to a part of it?

If she's contributing towards the mortgage she gets rights towards it.
If she contributes towards household expenses (ie if she can show she paid utility bills etc) then she can get some right towards the house.

TomJoe Wallace

If you own the house I'm pretty sure it will be legally yours forever unless you change the ownership to be in both of your names. Which I don't even know if you can do or not!

Larbre34

TomJoe Wallace wrote: »

If you own the house I'm pretty sure it will be legally yours forever unless you change the ownership to be in both of your names. Which I don't even know if you can do or not!

Yeah you can.

lomb

Under qualifiying cohabitant its 2 years with a child or 5 without. They can then apply to the court for a property adjustment order(to change the name on the deeds) , pension adjustment order(transfer part or all of your pension to them), 'wife support'
They would have to show that they were now dependent or alternatively arent independant due to the ending of the relationship. My theory on it is neither a borrower or a lender be. In other words if you want someone to become dependant due to you being in the picture then you will have to pay.
This if married can be as much as 100 % ie you loose everything. Eg loose 50%, then you pay the lawyers fees say another 10%, wife support -another 20% say, child support-another 20%. So youve lost it all.
If you dont get married then if they are qualifying then the court has wide ranging powers. An agreement in advance would be considered to be wise. Marriage is really only suitable where both want children and one (the male usually) is prepared to loose his shirt on it. I dont think realistically considering humans are serially monogamous that anyone would consider it wise to loosing their shirt on something. Marraige is reasonable if both parties work and intend to work and make roughly the same. If you part ways sure its grand, no lawyers will be involved and it should be amicable. If there is an imbalance then all bets are off.
Of course most women (good ones anyway) wont be interested in the male if he has no intention of getting married. But thats just the way of the world.
Generally speaking marriage is a stable way of raising children until they reach maturity, its no gaurantee of anything for a male other than that. If a man think he can get unlimited love ,sex or anything else hes codding himself. Its effectively very difficult to leave (due to financial issues above ) and tell the the other party to piss off.My two cents anyway.

The Corinthian

Plazaman wrote: »

+1. If you're name is the only name on the mortgage and deeds, she can whistle dixie. Even if she pays the mortgage, she'd need to keep receipts, transaction slips and bank statements and even then, she can only look for refund of money paid. Don't sign a joint anything unless you're 100% in lurve.... or unless she has big boobies.

That changed with the cohabitation bill in 2009. You're behind the times. As Bluewolf pointed out, after five years of cohabitation (two if you have a child) she will have a claim on your assets, including the house.

smoking_kills wrote: »

Its 4 years, Me and my wife bought a house 4 months ago. I lived in HER house (deeds in her name) for 6 years prior to that. She needed my consent to sell it. But i have no right to any profit from the sale. Our solicitor explained it to us. Its was interesting as with the ownership laws and the like you could see teh culture/society change and the laws changing with them.

You're confusing tenants rights with ownership rights.

lomb wrote: »

If a man think he can get unlimited love ,sex or anything else hes codding himself.

Speak for yourself, although I'd agree you'll still be playing with fire.

whiskeyman

The kitchen has a right to *her*.

lomb

The Corinthian wrote: »

That changed with the cohabitation bill in 2009. You're behind the times. As Bluewolf pointed out, after five years of cohabitation (two if you have a child) she will have a claim on your assets, including the house.

You're confusing tenants rights with ownership rights.

Speak for yourself, although I'd agree you'll still be playing with fire.

Well I agree youll get it for a period of time. Its unlikely to last long term though. Thats just human nature. By the time you realise it of course its too late. Women arent superhuman despite pretending to be. The world is in fact run by men for the simple reason it would descend into bickering if it was run by women. Men keep things(including relationships) together we try and maintain things thats our way, women use things thats their way...

Birneybau

When, after you mate, she eats your head.

The_Valeyard

I believe this is what they call 'nesting'*

Roquentin

zzboardzz wrote: »

Ive never had to consider this before but Im concerned about it now.

If girlfriend moves into my mortgaged house - when is she entitled to a part of it?

visit prostitutes man

Turtyturd

Roquentin wrote: »

visit prostitutes man

I doubt their legal advice is up to scratch...probably better than here though.

BBJBIG

After ya horse it into her about half a dozen times ...

zzboardzz

To confirm ....

We live together for 4years and 11 months and we break up.

She has contributed to the Mortgage during this time.

She is intitled to 0 of the house.

or

We live together for 5 year and one month and she is entitled to a share of the house.

Is that correct?

zzboardzz

I just want to know my rights is all.

Ive heard a lot of stories lately of wimmins being absolute bitches where property is concerned.

The Corinthian

Scenario 1: Yes, she is not entitled - more correctly have an automatic claim - to any asset. However, as she's contributed to the mortgage she may seek a claim, although I belive this is very difficult to establish.

Scenario 2: Yes.

Scenario 3: You have a child together and she's cohabiting with you for two years. Then she has an automatic claim as per scenario 1.

Scenario 4: She's cohabiting with you for two years but has a child with you before the five years elapse. No idea.

You can also sign a type of 'prenup' contract when you move in that can avoid such a scenario, but it should be noted that it can be set aside by a judge under exceptional circumstances which, depending upon the judge you get, could be anything.

TBH, while people here may advise you to an extent, you should take all of our advice with a pinch of salt - basically, you need to talk to a solicitor about this, to be sure.

Or you can sell / rent out your house and get the Hell out of Ireland and live somewhere with slightly less misadrist laws.

zzboardzz

zzboardzz wrote: »

I just want to know my rights is all.

Ive heard a lot of stories lately of wimmins being absolute bitches where property is concerned.

If you think your gf is or is likely to be an "absolute bitch" maybe you shouldn't move in with her

JapaneseLove

She owns nothing until u marry her.

The Corinthian

bluewolf wrote: »

If you think your gf is or is likely to be an "absolute bitch" maybe you shouldn't move in with her

How many couples think their other half will end up being an absolute bitch/bastard when they first move in? How many divorcees thought their marriage would fail when they had their wedding?

There's nothing wrong with being careful given that these things happen more often than can be ignored and when they do the consequences can be disastrous. Indeed, only an idiot wouldn't consider such a scenario.

Stheno

zzboardzz wrote: »

To confirm ....

We live together for 4years and 11 months and we break up.

She has contributed to the Mortgage during this time.

She is intitled to 0 of the house.

or

We live together for 5 year and one month and she may be entitled to a share of the house.

Is that correct?

See edit above

Barely There

You need to cover yourself legally as the law currently is a bit of a grey area wrt this.

The best way to protect your investment is to split up with your GF for a minimum of 2 weeks every year. You can combine this with a lad's holiday in Ibiza or somewhere. During this period you'll need documented evidence that you've been with other women, such as photos, videos, facebook updates etc.

When you get back you can re-enter a relationship with your girlfriend although you'll need to use the phrase 'fresh-start' as this will automatically re-set the co-habitation period.

Best of luck.

Dial Hard

The Corinthian wrote: »

Or you can sell / rent out your house and get the Hell out of Ireland and live somewhere with slightly less misadrist laws.

The law applies both ways, you know :rolleyes:

The Corinthian

Dial Hard wrote: »

The law applies both ways, you know :rolleyes:

Sure, and in areas such as divorce women can also end up on the short end of the stick upon occasion. But if you want to claim that it's not men that are overwhelmingly those who end up on that short end of the stick, then you're either woefully naive or lying.

zzboardzz

bluewolf wrote: »

If you think your gf is or is likely to be an "absolute bitch" maybe you shouldn't move in with her

Maybe I shouldn't, thats why Ive posted here .......
The Female of the species is more deadlier than the male.

If my X had her way Id be living in a card board box under a bridge. She was having an affair when we bought our house. I caught her in time, two weeks after we bough the house.

You dont know who you are dealing with until you are breaking up, she is in a corner and wondering what she can take. In my case that was 0, I was extremely lucky.

Its all fun and games until someone looses a house, usually the man, in the vast amount of cases.

Ive two mates ...... One pays for "his" house and doesnt/ cant live in it. His x was having an affair and now her lover lives there. Not working as far as I know. So he pays for what was his house and she lives there with his 2 kids.

He said women have a cnut Gene, and by the time you see it, it can be too late.

Another ...

Similar story. Married, He left and she changed the locks. New lover there, he lost the gaff.

Ive just met someone, I dont want to loose my house if it doesn't work out after a short period of time. When I was renting I had 0 property to be concerned about. Now I do.

I recently heard of a Chinese girl that married an Irish fellow and weeks later filed for divorce. Their apt was emptied by her.

laugh

When her jaysus hair blocks the shower drain for the first time.

Permabear

This post has been deleted.

Dial Hard

zzboardzz wrote: »

I recently heard of a Chinese girl that married an Irish fellow and weeks later filed for divorce. Their apt was emptied by her.

If you heard of that happening in Ireland, it's bullshit, because you've to wait 4 years to file for divorce here.

Dial Hard

Dial Hard wrote: »

If you heard of that happening in Ireland, it's bullshit, because you've to wait 4 years to file for divorce here.

Thought it was 5. Could be 4. You've to show you were separated for those years too iirc

eviltwin

bluewolf wrote: »

Thought it was 5. Could be 4. You've to show you were separated for those years too iirc

You have to have been legally separated for at least a year before you can file for divorce too I think and then its at least a 4 yr wait to get the divorce so yeah, a minimum of 5 years - and thats if everything is straightforward and there is no dispute.

Dial Hard

bluewolf wrote: »

Thought it was 5. Could be 4. You've to show you were separated for those years too iirc

You've to be separated for four out of five years.

eviltwin wrote: »

You have to have been legally separated for at least a year before you can file for divorce too I think and then its at least a 4 yr wait to get the divorce so yeah, a minimum of 5 years - and thats if everything is straightforward and there is no dispute.

It's a year before you can apply for a separation agreement, but the first year counts as part of the four. And you can't file for the decree of divorce until the four years are up.

I'm going through it myself at the moment.

Turtyturd

Heard Chinese couples are coming to Ireland to get divorced and the woman is then given a free house.