Irish man living with a non national who had his baby recently

okiss

I have a male relative who had a baby recently with a lady who is a non national. She is working in Ireland for a number of years and has a work visa.
They have been a couple for about 18 months. She has been living in the home he owns for apox the last 6 months. I know that after a certain period of time she would be entitled to a share of the value of this home if they were to split up. I think this may be sooner than a few years due to the fact she had a baby with him.
Also would you advise him to get a dna test in this situation as she got pregnant early in the relationship?
This man owns his own home, has a good job and would have savings. I have heard a few horror stories recently of people in similar circumstances.

paul71

Yes horror stories of men abandoning girls with their child are all too common

Yourself isit

okiss wrote: »

I have a male relative who had a baby recently with a lady who is a non national. She is working in Ireland for a number of years and has a work visa.
They have been a couple for about 18 months. She has been living in the home he owns for apox the last 6 months. I know that after a certain period of time she would be entitled to a share of the value of this home if they were to split up. I think this may be sooner than a few years due to the fact she had a baby with him.
Also would you advise him to get a dna test in this situation as she got pregnant early in the relationship?
This man owns his own home, has a good job and would have savings. I have heard a few horror stories recently of people in similar circumstances.

2 years.

masculinist

If he didn't want this , he should have had a vasectomy.
I say this only because it's the only option available.

It will be a great thing when proper birth control is introduced for men . Vasagel is coming . Has this guy expressed any worry about his situation? Maybe he's happy .
If he's not then he should see a lawyer. He should see a lawyer regardless . People you don't know will behave in ways you can't predict . Verbal agreements between adults can be disregarded or interpreted differently by the family courts. She won't get rent allowance as she's already housed. She can't go on the council housing list unless she's worked for something like a year or 2 and has permanent residency rights. If they broke up , it could easily turn into them having to share the same house . Which makes it difficult for either of them to get on with their lives .
Would your friend be happy if she returned to her home country with the baby ? She probably misses home . However he probably will miss his baby and want to be a good dad .

huskerdu

okiss wrote: »

I
This man owns his own home, has a good job and would have savings.

Sounds like he is capable of making his own mind up about who to have a relationship with and whether to use contraception.

She's foreign and they had a child early in the relationship.
Therefore, according to you, you are suspicious that she was not faithful and is trying to steal his house and money.

If you want to share your view of his partner with him, off you go.
I have no idea why you are looking for a legal view on this.

professore

huskerdu wrote: »

Sounds like he is capable of making his own mind up about who to have a relationship with and whether to use contraception.

She's foreign and they had a child early in the relationship.
Therefore, according to you, you are suspicious that she was not faithful and is trying to steal his house and money.

If you want to share your view of his partner with him, off you go.
I have no idea why you are looking for a legal view on this.

This strikes me as an odd response. If the guy moved in with a widowed old lady with a house and substantial savings, would your reply also be "I have no idea why you are looking for a legal view on this" ?

paul71

professore wrote: »

This strikes me as an odd response. If the guy moved in with a widowed old lady with a house and substantial savings, would your reply also be "I have no idea why you are looking for a legal view on this" ?

Hardly odd, is the widowed old lady capable of impregnating the Gentleman?

huskerdu

professore wrote: »

This strikes me as an odd response. If the guy moved in with a widowed old lady with a house and substantial savings, would your reply also be "I have no idea why you are looking for a legal view on this" ?

If you make the sweeping assumption that a woman with money and whose husband has died must be vulnerable to exploitation. Not necessarily so. She might be financially savvy and having a whale of a time with a young lover.

It all depends on the people involved.


The OP has not presented any evidence that the man is not capable of making his own mind up about his relationship and responsibilities. The OP only presented their own prejudices that a foreign woman is a higher risk of be a unfaithful gold digger

laotg

I'm confused. Is there relationship difficulty with this couple? No mention of any hassle in the original post. Also, what is the relevance of her being a foreign national?

masculinist

laotg wrote: »

what is the relevance of her being a foreign national?

Theres huge implications about being a foreign national. Massive ones.

They will have to stay together until she gets a right to stay based upon the childs citizenship last time I checked the laws (if shes from outside the EU). The child will have to be given an Irish passport etc. Its a bit more tangled than I have time to explain.
If they break up for example, she will have no other home to go to than the one shes in which he paid for unless she leaves the country. Theres more chance he will end up homeless than her despite him having worked for and paid for his own house. A break up 95% of the time means not getting along. Not getting along means arguments. Arguments means its easy to start flinging accusations of ''abuse'' around. This leads to him being out on his ear, thrown out of his own home. She wont be entitled to rent allowance or be on the DCC housing list (which takes years anyway). Therefore if they argue non stop and break up which could happen if he felt forced into this in order to see his baby - then her only choice is a womens refuge. To get into a refuge she will have to claim he 'abused' her. Staff at the refuge will encourage her to claim this so she can get accomodation. This can bite them all on the ass. Women are believed and men are disbelieved in these cases despite the huge number of false accusations. He could end up homeless with no right to enter his own property.
Bottom line is - Id never advise anyone to rush into a relationship in the Irish jurisdiction and put their hard earned assets at risk. The sjws and feminists predictably jump in here claiming shes the vulnerable one however theres actually a huge power imbalance between her and him legally which gives her huge power over him if she knows how to exploit the system.


However, whats any of this got to do with the OP ?

eviltwin

okiss wrote: »

I have a male relative who had a baby recently with a lady who is a non national. She is working in Ireland for a number of years and has a work visa.
They have been a couple for about 18 months. She has been living in the home he owns for apox the last 6 months. I know that after a certain period of time she would be entitled to a share of the value of this home if they were to split up. I think this may be sooner than a few years due to the fact she had a baby with him.
Also would you advise him to get a dna test in this situation as she got pregnant early in the relationship?
This man owns his own home, has a good job and would have savings. I have heard a few horror stories recently of people in similar circumstances.

Has he expressed any concerns about the relationship or doubt about paternity? If not I'd stay out of it, she may not be pulling a fast one, they may be happy and he probably won't appreciate you insinuating she's dishonest.

lifeandtimes

masculinist wrote: »

. Theres more chance he will end up homeless than her despite him having worked for and paid for his own house. A break up 95% of the time means not getting along. Not getting along means arguments. Arguments means its easy to start flinging accusations of ''abuse'' around. This leads to him being out on his ear, thrown out of his own home.

How will a homeowner be thrown out of his house by a woman who has no legal recourse to the house, especially after living there 6 months

"If a cohabiting couple 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."

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

I.e. he will have every right to contact the guards for her trespassing

Please don't scaremonger when you have no idea what you're talking about

masculinist

lifeandtimes wrote: »

How will a homeowner be thrown out of his house by a woman who has no legal recourse to the house, especially after living there 6 months
I.e. he will have every right to contact the guards for her trespassing

Please don't scaremonger when you have no idea what you're talking about

so what happens after 5 years ? The time to ask these questions and express any doubts is now , not in 5 years time. What about the child ? Women usually are given custody of the child . They will be treated as married and regardless of whether he owns the property or not , he wont enjoy full use of it . If she claims ''abuse'' due to mean words or not being 'cheerful' enough to his princess then she can probably get him barred from his own home - regardless of whether he owns it.
And thats her cue to move another bloke in and have more babies which are not his but under his roof. We live in a gynocentric legal system.

lifeandtimes

masculinist wrote: »

so what happens after 5 years ? The time to ask these questions and express any doubts is now , not in 5 years time. What about the child ? Women usually are given custody of the child . They will be treated as married and regardless of whether he owns the property or not , he wont enjoy full use of it . If she claims ''abuse'' due to mean words or not being 'cheerful' enough to his princess then she can probably get him barred from his own home - regardless of whether he owns it.
And thats her cue to move another bloke in and have more babies which are not his but under his roof. We live in a gynocentric legal system.

"They will be treated a married" "She can PROBABLY get him barred"

Jesus man these are paranoid delusions that are not for the legal discussion forum.

After 5 years if she can prove she contribute to the house i.e paid him rent etc she can make a claim to any equidty in the house when the house is sold.

They will not be considered a married a couple unless they are married. Her claim would be based around the cohabitants act of 2010.

Regardless of abuse claims she makes that does not give her rights to his property. If she claims he abused her she can get a baring order which will in effect mean she has to leave his property.

You really need to get your facts straight and plesse don't provide any further advise unless you can quote sources for your claims.

GM228

masculinist wrote: »

regardless of whether he owns the property or not , he wont enjoy full use of it

You really need to get a better understanding of property ownership and rights.

First of all to have a right of posession someone needs to be a co-owner of the property, and even co-owners don't always have a right of posession.

A few notes regarding posession rights- there are two types of ownership - joint tenancies and tenancies-in-common. Under joint tenancies there is equal right of posession, under tenancies-in-common there is a right of posession, but it isn't an equal right.

Also if a joint owner contributes to the price of a property/mortgage in different amounts, there is a rebuttable presumption that they share the equitable estate as tenants-in-common, in proportion to the amounts of their contributions.

Also if a joint tenant behaves in such a way that they appear to regard themselves as holding under a tenancy in common, the law of equity may imply a severance on the basis of a “course of dealing” as per Wilson vs Bell [1843] 5 Ir Eq R 501.

Mrs OBumble

masculinist wrote: »

They will have to stay together until she gets a right to stay based upon the childs citizenship last time I checked the laws (if shes from outside the EU). The child will have to be given an Irish passport etc. Its a bit more tangled than I have time to explain.
If they break up for example, she will have no other home to go to than the one shes in which he paid for unless she leaves the country.

What a load of **

She's been in the country for some years under her own steam, on a work visa. She would still be eligible for that visa, and she would be able to provide a home for herself, the same way she'd been doing before.

Also, the child is of course entitled to an Irish passport, because its father is Irish!

okiss

Paul71
My male relative is not a dead beat dad unlike some men that I know.

huskerdu
I am looking for legal view as I don't want him to be used in the future. I don't know his girlfriend that well.

Eviltwin
I would never say to him that she is dishonest. He had a few relationships in the past that did not work out. I hope long term this works out for him.

masculinist

Mrs OBumble wrote: »

What a load of **

She's been in the country for some years under her own steam, on a work visa. She would still be eligible for that visa, and she would be able to provide a home for herself, the same way she'd been doing before.

Also, the child is of course entitled to an Irish passport, because its father is Irish!

A typical feminist response . Large on emotion and small on responsibility

Pat Mustard

masculinist wrote: »

A typical feminist response . Large on emotion and small on responsibility

Mod:

Please don't post inflammatory remarks and please keep on topic.

Please back up legal points by reference to the relevant sources of law. It is better to avoid making unsupported sweeping remarksin that regard. .

Please don't reply to this message.

lifeandtimes

masculinist wrote: »

A typical feminist response . Large on emotion and small on responsibility

I see no emotion in this quote, obumble is correct in her statements and is in fact confirming that this woman can support herself which is contradictory to your statement of "small on responsibility"

I'm unable to make accusation regarding your posts and intentions in this thread as per forum charter so I will echo what I and pat mustard have already said. If you wish to give any more advice please quote sources for your claims so as not to provide op with any inccorect information.

Ok your friend will need to have a chat with his partner as too what their intentions are and their future especially as a child is involved. There is no harm in letting him know about the citizens advice website as it's chucked full of helpful information regarding his and her rights.