Legal standings - house bought by myself

Lord Nikon

Hi,
I own my own home, and my partner has moved in and lives here also. She doesn't pay any rent/mortgage, as she believes she should have to as it's not her home. What are the legal standings on the property if we were to get married? Would she be entitled to half the property, even if not having paid anything towards the mortgage?

gl0Rob

Lord Nikon wrote: »

Hi,
I own my own home, and my partner has moved in and lives here also. She doesn't pay any rent/mortgage, as she believes she should have to as it's not her home. What are the legal standings on the property if we were to get married? Would she be entitled to half the property, even if not having paid anything towards the mortgage?

Yes. I believe there is even a grey area where long term cohabitants can claim some right to the house. Other might know better

Michael D Not Higgins

If she lives there it's her home and she should pay rent. If she moved in with you while you were renting would she say the same thing?

You definitely need legal advice here from a solicitor. Certain rights accrue after certain periods while unmarried (5 years without children, 2 with) and a married partner has a say in the family home, i.e. one spouse cannot sell the house without agreement from the other.

Here's some more information: http://www.citizensinformation.ie/en/birth_family_relationships/problems_in_marriages_and_other_relationships/property_rights_and_the_breakdown_of_a_cohabiting_relationship.html
As you can see, even if they don't pay rent there may be indirect ownership from other contributions. This is a grey area that requires professional advice.

Paulw

Mod Note: Legal advice is not permitted. It is a complex area, so you would need proper legal advice from a solicitor, rather than online advice on boards.