As a cohabiting partner, what rights have you?

Bobthefireman

Specifically in relation to income.
I don't qualify for benefits as my partner's income exceeds the limit.
What though am I entitled to from him?
Legally.

hullaballoo

None and nothing.

Bobthefireman

I should mention that we're cohabiting which invalidates me from any form of personal aid/help/money etc.

Bobthefireman

hullaballoo wrote: »

None and nothing.

Lol - seriously?

Bobthefireman

Don't know why they make such a hullabuloo about single parents claiming then.

Bobthefireman

Interestingly I'm entitled to legal aid based on my own status, not his, or our joint status.

Wow. So a **** who wants to control a woman can get his jollies by living with a woman?

hullaballoo

Cohabiting is not legally recognised as anything so for all intents and purposes, you are single. It's tough that you are not assessed as a single person by the DSP but they make the rules so not much you can do.

I am unsure why you think your partner would be obliged to give you anything?

Bobthefireman

hullaballoo wrote: »

Cohabiting is not legally recognised as anything so for all intents and purposes, you are single. It's tough that you are not assessed as a single person by the DSP but they make the rules so not much you can do.

I am unsure why you think your partner would be obliged to give you anything?

Because the fact that I'm living with him and shagging him disqualifies me from any other income. FFS. <<Mod offensive remark deleted>>

Bobthefireman

I'll spell it out. We're breaking up tonight.
<<Mod - Offensive remark deleted>>

Pro Hoc Vice

hullaballoo wrote: »

Cohabiting is not legally recognised as anything so for all intents and purposes, you are single. It's tough that you are not assessed as a single person by the DSP but they make the rules so not much you can do.

I am unsure why you think your partner would be obliged to give you anything?

Really http://www.irishstatutebook.ie/eli/2010/act/24/enacted/en/html

To the OP any couple married partners or cohabiting are assumed by law to be exactly that a couple. If your partner not supporting you then you have serious questions to ask.

Stheno

Bobthefireman wrote: »

I'll spell it out. We're breaking up tonight.

How long are you living together?

Bobthefireman

What are they thinking? This boyfriend living in is going to give me my 188?

Bobthefireman

Together 6 years. Have been between me supporting him and him supporting me.

Pro Hoc Vice

Bobthefireman wrote: »

I'll spell it out. We're breaking up tonight.
.

If you satisfy the 2010 act then you are entitled to make almost any application a ex spouse can make. Also as you now breaking up then reapply for SW.
<<deleted>> is a bit harsh.

Bobthefireman

Pro Hoc Vice wrote: »

Really http://www.irishstatutebook.ie/eli/2010/act/24/enacted/en/html

To the OP any couple married partners or cohabiting are assumed by law to be exactly that a couple. If your partner not supporting you then you have serious questions to ask.

Can you direct me to the chapter you're thinking of?

Stheno

Bobthefireman wrote: »

Together 6 years. Have been between me supporting him and him supporting me.

http://www.citizensinformation.ie/en/birth_family_relationships/problems_in_marriages_and_other_relationships/redress_scheme_for_cohabiting_couples.html

Pro Hoc Vice

Bobthefireman wrote: »

Can you direct me to the chapter you're thinking of?

All of Part 15.

Bobthefireman

Pro Hoc Vice wrote: »

If you satisfy the 2010 act then you are entitled to make almost any application a ex spouse can make. Also as you now breaking up then reapply for SW.
.

And if I stay with him?
What am I entitled to?

Stheno

Bobthefireman wrote: »

And if I stay with him?
What am I entitled to?

Nothing

Pro Hoc Vice

Bobthefireman wrote: »

And if I stay with him?
What am I entitled to?

Like any couple nothing.

Bobthefireman

Those redress orders seem to refer retrospectively. I'm talking about today.

Bobthefireman

So I'm dependent on his good grace? Nice.

Stheno

Bobthefireman wrote: »

So I'm dependent on his good grace? Nice.

Yes as long as you are with him.

Pro Hoc Vice

Bobthefireman wrote: »

Those redress orders seem to refer retrospectively. I'm talking about today.

I was responding to the following "Cohabiting is not legally recognised as anything so for all intents and purposes, you are single."

Pro Hoc Vice

Bobthefireman wrote: »

So I'm dependent on his good grace? Nice.

Like any couple!

_Kaiser_

I have to ask.. why do you think you should be "entitled" to ANYTHING from your partner? By the sounds of it you're financially dependent on him as it is so you're already being supported by him, right?

If you split up then as per the link you above you may qualify for some sort of supports from him, but in the meantime I'd probably focus more on improving your own situation (finding a job, training etc) than trying to see what you can "get" from him.

Widdershins

Do you have children, OP?

Sorry to hear about the breakup.

Mrs OBumble

_Kaiser_ wrote: »

I have to ask.. why do you think you should be "entitled" to ANYTHING from your partner? By the sounds of it you're financially dependent on him as it is so you're already being supported by him, right?

It's grossly unfair that a non-married co-habitating person (for any length of time) has no entitlement to welfare because of their partner's income - but their partner has no entitlement to use the co-habitant's tax credits (which they would have access to if they were married.

I say this as the earning partner in a situation like the OP's. Not only can I not use his un-used tax credits, also technically for tax purposes I'm not allowed to gift anything to him - including food or small amounts of money for pints, without declaring it and paying gift tax. Yet the state assumes that I will support him.

Pro Hoc Vice

Mrs OBumble wrote: »

It's grossly unfair that a non-married co-habitating person (for any length of time) has no entitlement to welfare because of their partner's income - but their partner has no entitlement to use the co-habitant's tax credits (which they would have access to if they were married.

I say this as the earning partner in a situation like the OP's. Not only can I not use his un-used tax credits, also technically for tax purposes I'm not allowed to gift anything to him - including food or small amounts of money for pints, without declaring it and paying gift tax. Yet the state assumes that I will support him.

You raise an interesting point. Of course the Constitution has a lot to do with this issue, also it could lead to a situation where an ex spouse or partner who has not divorced and a cohabiting partner could both claim it which would be a nightmare. But I agree it's not very fair.

intheclouds

Mrs OBumble wrote: »

It's grossly unfair that a non-married co-habitating person (for any length of time) has no entitlement to welfare because of their partner's income - but their partner has no entitlement to use the co-habitant's tax credits (which they would have access to if they were married.

I say this as the earning partner in a situation like the OP's. Not only can I not use his un-used tax credits, also technically for tax purposes I'm not allowed to gift anything to him - including food or small amounts of money for pints, without declaring it and paying gift tax. Yet the state assumes that I will support him.

The quick fix here is to get married.

Pro Hoc Vice

intheclouds wrote: »

The quick fix here is to get married.

May not be possible as one of the couple may not be able to get divorced because of the time issue.

Spanish Eyes

GET MARRIED. Simples.

Five minutes in the Registry Office.

I do realise some partners cannot do this due to divorce not being finalised, but if someone is cohabiting and the relationship breaks down, the following might give some information.

http://www.citizensinformation.ie/en/birth_family_relationships/problems_in_marriages_and_other_relationships/redress_scheme_for_cohabiting_couples.html

A trip to Citizen's Advice Office might be the best for OP now as a start anyway.

intheclouds

Pro Hoc Vice wrote: »

May not be possible as one of the couple may not be able to get divorced because of the time issue.

Fair point.

It should be possible in OPs case though as they are with their partner for 6 years?

Pro Hoc Vice

intheclouds wrote: »

Fair point.

It should be possible in OPs case though as they are with their partner for 6 years?

The OP is also talking about breaking up with her partner that ship may have sailed.

Spanish Eyes

Mrs OBumble wrote: »

It's grossly unfair that a non-married co-habitating person (for any length of time) has no entitlement to welfare because of their partner's income - but their partner has no entitlement to use the co-habitant's tax credits (which they would have access to if they were married.

I say this as the earning partner in a situation like the OP's. Not only can I not use his un-used tax credits, also technically for tax purposes I'm not allowed to gift anything to him - including food or small amounts of money for pints, without declaring it and paying gift tax. Yet the state assumes that I will support him.

You can gift ANYONE €3,000 per annum gift tax free. Now that to me is about €60 a week. Where did you get the information you mentioned from? I may be misinterpreting your post.

IRAC War

Bobthefireman wrote: »

So I'm dependent on his good grace? Nice.

Isn't that what you were told in post #2 ?

L1011

intheclouds wrote: »

The quick fix here is to get married.

May not be possible for various reasons.

Indeed when I had a similar situation, the AG was saying we needed a constitutional amendment...

_Kaiser_

Mrs OBumble wrote: »

It's grossly unfair that a non-married co-habitating person (for any length of time) has no entitlement to welfare because of their partner's income - but their partner has no entitlement to use the co-habitant's tax credits (which they would have access to if they were married.

I say this as the earning partner in a situation like the OP's. Not only can I not use his un-used tax credits, also technically for tax purposes I'm not allowed to gift anything to him - including food or small amounts of money for pints, without declaring it and paying gift tax. Yet the state assumes that I will support him.

I don't disagree, but for now at least the system is the way it is and the OP (I think anyway) would be better off trying to improve their own circumstances (whether they stay with their partner or not) by finding a job to support themselves, or at least look into a course to improve their prospects of finding one.

The notion that they should be "entitled" to a welfare-substitute payment from their partner (who is already supporting them anyway I assume if they're cohabiting in those circumstances) is wrong on so many levels - not least being the disincentive it'd be to actually going to work, but the relationship itself - that it actually annoys me - and like you I've been in the position of being the provider as well and it resulted in exactly that scenario.

The solution here is to either get married, or split and claim welfare/go to work (preferably the latter IMO). The fact that they're considering splitting over this "bad news" is another issue of course (best suited for Relationship Issues) but may be the best choice for both of them if sincere. EDIT: This last point is subject to my reading of the OP's follow-ups, however if they're splitting anyway then they may be able to apply for supports under the Act referred to/linked above.

Peregrinus

Bobthefireman wrote: »

I'll spell it out. We're breaking up

OK, that's different. As long as you're cohabiting together you have little in the way of concrete legal rights. But, as an ex, you can make the same range of court appliciations for maintenance, property adjustment orders, etc, that a separated or divorced spouse can make.

Bobthefireman wrote: »

Can you direct me to the chapter you're thinking of?

You want Part 15 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.

You also want a lawyer. Now.

_Kaiser_

Peregrinus wrote: »

OK, that's different. As long as you're cohabiting together you have little in the way of concrete legal rights. But, as an ex, you can make the same range of court appliciations for maintenance, property adjustment orders, etc, that a separated or divorced spouse can make.


You want Part 15 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.

You also want a lawyer. Now.

All depends on how long they're living together (the OP says they're together 6 years, but how many of those were living under the same roof?) and how long the OP has been "dependent" on their partner.

In the end it'll come down to how the Judge interprets the circumstances involved though - there's no fixed settlement amounts or any guarantee at all from what I can tell

Also, assuming they were to get an award, I'm presuming that'd impact on their ability to claim welfare after the split as well insofar as how much they'd receive.

barman linen

You can be 'separated' and still be under the same roof. Is it McA v McA ?